RACKLEY v. STATE

No. 5D00-1094.

758 So.2d 1250 (2000)

Tyrone RACKLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 26, 2000.


Attorney(s) appearing for the Case

Tyrone Rackley, Lowell, pro se.

No Appearance for Respondent.


PER CURIAM.

Petitioner seeks this court's writ of mandamus requiring the lower court to rule upon a motion he has filed there. Because an appeal from his conviction in the case is pending in this court, the lower court has no jurisdiction. Once the appeal is over and jurisdiction is returned by mandate then the lower court will have jurisdiction to rule on his pending motion.

MANDAMUS DENIED.

DAUKSCH, HARRIS and SAWAYA...

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