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BROWN v. STATE

No. 1D05-4161.

924 So.2d 37 (2006)

Lashawn D. BROWN, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, First District.

Rehearing Denied March 29, 2006.

Attorney(s) appearing for the Case

Lashawn D. Brown, pro se, petitioner.

Charlie Crist, Attorney General, and John Andrew Atkinson, Assistant Attorney General, Tallahassee, for respondent.

PER CURIAM.

Because the trial court has issued a recent order granting petitioner leave to amend his motion for post-conviction relief, we conclude that the granting of mandamus relief is not warranted. See Munn v. Florida Parole Comm'n, 807 So.2d 733 (Fla. 1st DCA 2002). We do, however, encourage the circuit court to promptly rule on the merits of the claim after petitioner has amended his motion.

KAHN, C.J., PADOVANO...

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