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ESQUIVEL v. STATE

No. 3D04-1537.

915 So.2d 227 (2005)

Juan Leal ESQUIVEL, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

Order Denying Rehearing December 21, 2005.

Attorney(s) appearing for the Case

Juan Leal Esquivel, in proper person.

Charles J. Crist, Jr., Attorney General, and Richard L. Polin, Assistant Attorney General, for respondent.

Before FLETCHER, RAMIREZ, and SUAREZ, JJ.

FLETCHER, Judge.

We grant Juan Leal Esquivel's petition for writ of mandamus to compel the trial court to rule on Esquivel's motion for post-conviction relief filed on or about December 22, 2003. The trial court shall entertain no further delays in scheduling a hearing on the motion and shall expedite rendition of an order granting or denying post-conviction relief accordingly.

As we are certain that the lower court will comply, we withhold issuance of the...

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