MCCUNE v. STATE (2019)

District Court of Appeal of Florida, Second District.

Willie David MCCUNE, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D19-1031

Decided: March 26, 2019

With respect to the petitioner's motion and amended motion to correct illegal sentence filed on October 10 and November 18, 2018, the petition for writ of mandamus is denied without prejudice. Petitioner is required to make an express and distinct demand for performance, such as by filing a motion to hear and rule, before mandamus will be considered. See Al-Hakim v. State. 783 So. 2d 293, 294 (Fla. 5th DCA 2001).

With respect to the petitioner's motion and amended motion for postconviction relief filed on February 8 and March 6, 2019, the petition is denied as premature.

If the petitioner files a new petition, he must include a certificate of service demonstrating service on the Attorney General at 3507 E. Frontage Road, Suite 200, Tampa, Florida, 33607. Failure to serve the Attorney General will result in the delay in resolution of the petition.

BY ORDER OF THE COURT:

MORRIS, BLACK, and ROTHSTEIN-YOUAKIM, JJ., Concur.

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