OTERO v. STATE (2018)

District Court of Appeal of Florida, Second District.

Shane OTERO, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D18–0425

Decided: February 13, 2018

Appellant/Petitioner currently has two pending proceedings before this court, 2D17–3958 and 2D18–425.

2D17–3958 involves judicial review of a final circuit court order, rendered August 23, 2017, denying a motion for postconviction relief after a remand ordered by this court's opinion in 2D14–565. In 2D17–3958, appellant is represented by appointed appellate counsel, Attorney Charles E. Lykes, Jr.

This court had previously received on July 12, 2017, a pro se motion to enforce the mandate filed in 2D14–565, which motion was treated as a petition for a writ of mandamus and set up as 2D18–425. However, upon further consideration, 2D18–425 is duplicative of 2D17–3958. Accordingly, 2D18–425 is dismissed as duplicative of 2D17–3958, which remains pending.

BY ORDER OF THE COURT:

KHOUZAM, BLACK, and ROTHSTEIN–YOUAKIM, JJ., Concur.

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