PEREZ v. STATE (2019)

The petitioner's “order to show cause appellant's entitlement to evidentiary hearing” is treated as a petition for writ of mandamus to enforce the mandate that issued in the petitioner's earlier postconviction appeal, case 2D17-4670. As the trial court's electronic docket reflects the recent issuance of an order to show cause and the State's response to that order such that the proceedings in the trial court appear to be progressing, the petition for writ of mandamus is denied. Cf, Munn v. Fla. Parole Comm'n, 807 So. 2d 733 (Fla. 1st DCA 2002). This denial is without prejudice to the petitioner to file a new petition for writ of mandamus if the postconviction court has not entered a final order on the proceedings within 90 days of the date of this order, provided that the petitioner is unrepresented by counsel in the postconviction proceeding.

The petitioner is cautioned that if he files a motion for rehearing or a new petition in this court concerning his postconviction case, he must serve the Attorney General at 3507 E. Frontage Road, Suite 200, Tampa, Florida, 33607.

BY ORDER OF THE COURT:

LUCAS, BADALAMENTI, and ATKINSON, JJ., Concur.