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GILBERT v. STATE

No. 3D07-1459.

972 So.2d 904 (2007)

Thomas J. GILBERT, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied January 30, 2008.

Attorney(s) appearing for the Case

Thomas Gilbert, in proper person.

Bill McCollum, Attorney General and Richard L. Polin, Bureau Chief, for respondent.

Before GERSTEN, C.J., and SHEPHERD and SUAREZ, JJ.

Rehearing and Rehearing En Banc Denied January 30, 2008.

On Motion for Rehearing

SUAREZ, J.

We grant the State's motion for rehearing, withdraw this Court's prior opinion released on August 15, 2007, and deny Defendant's Petition for Writ of Mandamus.

Defendant filed a petition for writ of mandamus to require, the judge of the Eleventh Judicial Circuit, the circuit in which defendant is presently incarcerated, to rule on his pro se petition...

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