DAVIS v. STATE (2025)

District Court of Appeal of Florida, First District.

Mark Jason DAVIS, Appellant, v. STATE of Florida, Appellee.

No. 1D2024-0005

Decided: January 15, 2025

Mark Jason Davis, pro se, Appellant. Ashley Moody, Attorney General, and Julian E. Markham, Assistant Attorney General, Tallahassee, for Appellee.

Upon consideration of the response docketed September 23, 2024, and the supplemental response, docketed September 30, 2024, the court converts what originally was filed as an appeal to a mandamus proceeding. See Fla. R. App. P. 9.040(c). The court treats the initial brief, docketed October 21, 2024, as a petition for writ of mandamus. We dismiss because a defendant does not have a clear legal right to the trial court's consideration of a supplemental claim under Florida Rule of Criminal Procedure 3.850 where the claim was filed more than two years after his judgment and sentence became final.

Dismissed.

Per Curiam.

B.L. Thomas, Winokur, and Tanenbaum, JJ., concur.

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