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ITTURALDES v. STATE

No. 5D06-1500.

935 So.2d 1283 (2006)

Juan ITTURALDES, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

August 25, 2006.

Attorney(s) appearing for the Case

Juan Itturaldes, Crawfordville, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Respondent.

MONACO, J.

Juan Itturaldes filed a petition for writ of mandamus with this court seeking a belated appeal of his 1999 conviction and sentence and other relief. Mandamus is not the appropriate remedy for seeking a belated appeal, because the granting of that relief is not a ministerial duty. See Austin v. Crosby, 866 So.2d 742 (Fla. 5th DCA 2004). Thus, as required by rule 9.040(c), Florida Rules of Appellate Procedure, we...

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