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MARTINEZ v. STATE

No. 3D08-2613.

2 So.3d 1060 (2009)

Dargoberto MARTINEZ, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

February 4, 2009.

Attorney(s) appearing for the Case

Dargoberto Martinez, in proper person.

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

Before COPE, RAMIREZ, and SALTER, JJ.

PER CURIAM.

Dargoberto Martinez filed a Petition for Writ of Mandamus with our Court on October 14, 2008, alleging that he had filed a motion for post-conviction relief on January 19, 2005. We ordered the State to file a response, which it did on November 13, 2008, informing us that the circuit judge's office had ordered the file and would be reviewing the matter. We ordered a supplemental response, which now informs us that the judge was transferred out of the criminal...

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