FULLER v. WILLIAMS

No. 80-1216.

393 So.2d 651 (1981)

Samuel FULLER, Petitioner, v. Honorable Volie A. WILLIAMS, Jr., Judge of the Circuit Court of the Eighteenth Judicial Circuit, in and for Seminole County, Florida, and His Successors in Office, Respondent.

District Court of Appeal of Florida, Fifth District.

February 11, 1981.


Attorney(s) appearing for the Case

David M. Porter, Public Defender, and Gary N. Andersen, Asst. Public Defender, Sanford, for petitioner.

Jim Smith, Atty. Gen., Tallahassee, and Barbara Ann Butler, Asst. Atty. Gen., Daytona Beach, for respondent.


COWART, Judge.

The petitioner seeks a writ of mandamus to direct the respondent trial judge to hear the merits of the petitioner's motion for new trial which petitioner claims was improperly stricken.

At the conclusion of a criminal jury trial and pursuant to Florida Rule of Criminal Procedure 3.590(a), the trial court extended from four days to fifteen days after the rendition of the verdict the time within which a motion for a new trial could be made. On...

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