PIERRE v. STATE (2020)

District Court of Appeal of Florida, Third District.

Roseline PIERRE, Petitioner, v. The STATE of Florida, Respondent.

No. 3D20-353

Decided: March 18, 2020

Before EMAS, C.J., and SCALES and GORDO, JJ.

Carlos J. Martinez, Public Defender, and John Eddy Morrison, Assistant Public Defender, for petitioner. Ashley Moody, Attorney General, and David Llanes, Assistant Attorney General, for respondent.

Petition denied. See Santopolo v. State, 443 So. 2d 1059, 1060 (Fla. 2d DCA 1984) (holding that petitioner was not entitled to an adversary preliminary hearing, despite State not filing information or indictment within twenty-one days from date of arrest or service of capias, because petitioner received all available relief afforded by Florida Rule of Criminal Procedure 3.133(b)(1) upon his release from custody); Migliore v. City of Lauderhill, 415 So. 2d 62, 65 (Fla. 4th DCA 1982) (holding that mandamus is not available to require the performance of a futile act).

PER CURIAM.

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