KAWIUS STIBBINS v. THE STATE OF FLORIDA (2022)

District Court of Appeal of Florida, Third District.

KAWIUS STIBBINS, Appellant(s)/Petitioner(s), v. THE STATE OF FLORIDA, Appellee(s)/Respondent(s),

CASE NO.: 3D22-0936

Decided: July 28, 2022

On June 1, 2022, pro se Petitioner, Kawius Stibbins, petitioned this Court to issue a writ of mandamus compelling the trial court to adjudicate what pro se Petitioner characterized as his November 25, 2022, amended motion to correct jail credit. The State of Florida's Response to the Petition indicates that, while it appears pro se Petitioner's amended jail credit motion may have been mailed from the correctional facility, in which pro se Petitioner is housed, on or about November 25, 2021, neither the Clerk's office nor the State's Attorney's office ever received a copy of pro se Petitioner's amended jail credit motion.

Therefore, the Court is compelled to deny the Petition, but the Court does so without prejudice to pro se Petitioner refiling the motion. Upon the State's receipt of pro se Petitioner's refiled motion, the State shall set the refiled motion for a hearing forthwith.

SCALES, HENDON and GORDO, JJ., concur.

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