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MILLER v. STATE

No. 92-124.

602 So.2d 972 (1992)

Theresa Lee MILLER, Petitioner/Appellant, v. The STATE of Florida, Respondent/Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 8, 1992.

Attorney(s) appearing for the Case

Theresa Lee Miller, in pro. per.

Robert A. Butterworth, Atty. Gen., and Barbara Arlene Fink, Asst. Atty. Gen., for respondent, appellee.

Before SCHWARTZ, C.J., and HUBBART and COPE, JJ.

PER CURIAM.

Theresa Lee Miller appeals an order denying her second motion for post-conviction relief under Rule 3.850, Florida Rules of Criminal Procedure. We treat the appeal as a petition for writ of mandamus and grant the writ.

On January 2, 1986 Miller filed her first motion for post-conviction relief under Rule 3.850. After various attempts to obtain a ruling, she filed the instant second motion for post-conviction...

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