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NEWTON v. STATE

No. 1D13-2138.

128 So.3d 942 (2013)

Tracy Devon NEWTON, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, First District.

December 26, 2013.

Attorney(s) appearing for the Case

Tracy Devon Newton, pro se, Petitioner.

Pamela Jo Bondi , Attorney General, and Trisha Meggs Pate , Assistant Attorney General, Tallahassee, for Respondent.

PER CURIAM.

Tracy Devon Newton petitions this court for mandamus relief in the form of an order compelling the Duval County Circuit Court to rule on an amended motion for DNA evidence examination he filed in July 2011. While the delay in ruling on petitioner's motion is primarily attributable to the State Attorney rather than the circuit court to which our order will be directed, we grant the petition.

Approximately 40 days after the filing of petitioner's...

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