MILLER v. STATE (2023)

District Court of Appeal of Florida, Second District.

Christopher MILLER, Appellant, v. STATE of Florida, Appellee.

No. 2D23-736

Decided: June 23, 2023

Christopher Miller, pro se.

Christopher Miller appeals the order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the denial without further comment. We note, however, that Miller's initial brief asks us to compel the circuit court to rule on a separate pending amended motion for postconviction relief that he allegedly filed in October 2020. Such a request should be raised in a petition for writ of mandamus. See Johnson v. State, 938 So. 2d 639, 640 (Fla. 5th DCA 2006) (“Mandamus lies to compel a trial court to rule on a motion or petition after a reasonable time.”). As such, our affirmance in this matter is without prejudice to Miller's filing a petition for writ of mandamus regarding his amended motion for postconviction relief, if necessary.

Affirmed.

PER CURIAM.

NORTHCUTT, KELLY, and LABRIT, JJ., Concur.

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