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DIAZ v. STATE

No. 5D08-2521.

1 So.3d 337 (2009)

Scotty Santos DIAZ, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

January 23, 2009.

Attorney(s) appearing for the Case

Scotty Santos Diaz, Perry, Pro Se.

Bill McCollum, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM.

Scotty Santos Diaz filed a petition for writ of mandamus, seeking to compel the circuit court of the Seventh Judicial Circuit to rule on his motion to withdraw plea filed on March 6, 2008. In response to this Court's order, the State advised that an evidentiary hearing on Diaz's motion was scheduled for October 16, 2008. For reasons not apparent from the record, that hearing was continued, and, according to the trial court minutes, is now scheduled to...

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