STATE EX REL. CORTEZ v. BENTLEY

No. 84-937.

457 So.2d 1072 (1984)

STATE ex rel. Alfonso CORTEZ, Petitioner, v. The Honorable E. Randolph BENTLEY, As Circuit Judge of the Tenth Judicial Circuit of the State of Florida, Respondent.

District Court of Appeal of Florida, Second District.

July 20, 1984.


Attorney(s) appearing for the Case

Robert Lee Dennis of Dennis & Dunn, Okeechobee, for petitioner.

Jim Smith, Atty. Gen., Tallahassee and Gary O. Welch, Asst. Atty. Gen., Tampa, for respondent.


RYDER, Chief Judge.

Petitioner seeks a writ of certiorari, or in the alternative, a writ of mandamus commanding the trial court to show cause and to appoint counsel at public expense to represent the petitioner during his appeal of the trial court's denial of his motion to vacate judgment and sentence. Fla.R. Crim.P. 3.850.

Mandamus denied. A writ of mandamus "is by nature a discretionary writ which issues only upon the showing of a clear legal right in the...

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