NUNEZ v. SCHUMACHER

No. 96-2461.

682 So.2d 698 (1996)

Rafael NUNEZ, Petitioner, v. The Hon. Marc SCHUMACHER, Circuit Court Judge, Respondent.

District Court of Appeal of Florida, Third District.

November 13, 1996.


Attorney(s) appearing for the Case

Rafael Nunez, in pro. per.

Robert A. Butterworth, Attorney General, and Charles M. Fahlbusch, Assistant Attorney General, for respondent.

Before COPE, LEVY and SHEVIN, JJ.


PER CURIAM.

Petitioner, Rafael Nunez, seeks a writ of mandamus to compel the trial court to rule on his Florida Rule of Criminal Procedure 3.800 motion to modify judgment submitted April 30, 1996 in circuit court case number 94-28811. A review of the court docket does not reveal that the motion was filed in that case. However, the docket in Nunez's case number 94-29431 reflects that a Rule 3.800 motion was filed on April 30. That motion was correctly filed.

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