SIERRA v. STATE (2019)

District Court of Appeal of Florida, Second District.

Raymond SIERRA, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D19-4325

Decided: November 20, 2019

Petitioner's petition for writ of mandamus is denied without prejudice. Petitioner is required to make an express and distinct demand for performance in the trial court, 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). A notice of inquiry is insufficient. For the petitioner's future reference, petitions for writ of mandamus concerning postconviction motions filed in the trial court must be served on the Attorney General at 3507 E. Frontage Road, Suite 200, Tampa, Florida, 33607.

BY ORDER OF THE COURT:

VILLANTI, LUCAS, and SALARIO, JJ., Concur.

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