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WELDON v. STATE

No. 5D01-2578.

800 So.2d 705 (2001)

Christopher S. WELDON, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

November 30, 2001.

Attorney(s) appearing for the Case

Daniel S. Ciener and David J. Romett, of Law Firm of Daniel S. Ciener, Merritt Island, for Petitioner.

Robert A. Butterworth, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Respondent.

GRIFFIN, J.

Petitioner, Christopher Weldon, seeks a writ of mandamus to compel the trial court to rule on his motion for new trial.

Petitioner was found guilty of seconddegree grand theft, criminal mischief and misdemeanor trespass, and filed a timely motion for new trial. On June 29, 2001, while that motion was pending, the trial court sentenced petitioner. Thereafter, at the hearing on the motion for new trial, the trial court refused to rule on the motion...

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