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MARTINEZ v. STATE

No. 99-1816.

740 So.2d 1231 (1999)

Mario MARTINEZ, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

August 25, 1999.

Attorney(s) appearing for the Case

Gary Kollin of Gary Kollin, P.A., Ft. Lauderdale, for petitioner.

Robert A. Butterworth, Attorney General, Tallahassee, and Marrett W. Hanna, Assistant Attorney General, West Palm Beach, for respondent.

PER CURIAM.

Petitioner seeks a writ of mandamus to compel the circuit court that presided over his criminal trial to exercise jurisdiction over his motion to return exhibits introduced at trial. Mandamus is appropriate to compel a lower court to exercise its subject matter jurisdiction if that court has erroneously determined that it lacks subject matter jurisdiction. Pino v. District Court of Appeal, Third Dist., 604 So.2d 1232...

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