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SANFELIZ v. STATE

No. 5D11-966.

58 So.3d 390 (2011)

Thomas SANFELIZ, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

April 11, 2011.

Attorney(s) appearing for the Case

Robert Wesley , Public Defender, and Jason Andrew Breslin , Assistant Public Defender, Orlando, for Petitioner.

Pamela Jo Bondi , Attorney General, Tallahassee, and Wesley Heidt , Assistant Attorney General, Daytona Beach, for Respondent.

EVANDER, J.

Sanfeliz petitions the court for a writ of mandamus to compel the lower court to schedule a competency hearing. We treat Sanfeliz's petition as a petition for writ of certiorari. See Carrion v. State, 859 So.2d 563 (Fla. 5th DCA 2003) (where evidence presented entitled defendant to competency hearing, failure to hold hearing deprived defendant of due process rights; writ of certiorari was appropriate remedy)....

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