WILSON v. STATE (2020)

On or about January 15, 2019, appellant John J. Wilson, Jr. filed in the lower court, pursuant to Florida Rule of Criminal Procedure 3.800, a pro se post-conviction motion that presumably asserted his sentence was illegal. A review of the lower court docket reflects that the lower court clerk received this motion on or about January 25, 2019.

On August 21, 2019, Wilson filed with this Court a pro se notice of appeal, entitled “Notice of Appeal and Statement of Judicial Acts to Be Reviewed Pursuant to Rule 9.200(A)(3): The Underlying Motion for this Appeal, Submitted Pursuant to Rule 3.800(a), Was Failed to Be Recorded or Docketed By the Clerk of Court.”

We ordered the State to respond. The State's response indicated that, despite there being several other proceedings in this Court and the Florida Supreme Court,¹ as well as in the lower court during the relevant time period, no written order adjudicating Wilson's January 2019 post-conviction motion had been rendered by the trial court.² After filing its response, the State filed a motion to supplement the record on appeal to include a February 27, 2020 order entered by the trial court denying Wilson's January 25, 2019 Rule 3.800(a) motion “nunc pro tunc 6/11/19.”

We treat Wilson's August 2019 notice of appeal as a petition for writ of mandamus, see Fla. R. App. P. 9.040(c), and, given the trial court's February 27, 2020 order, deny same as moot.

So ordered.

FOOTNOTES

1.   See 3D19-1579 and SC19-1857/SC18-2119.

2.   Oddly, a May 21, 2019 lower court docket entry indicates both that Wilson's motion was set for hearing on June 11, 2019, and that the motion was denied.

PER CURIAM.