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DUGGINS v. STATE

No. 3D14-1871.

146 So.3d 1275 (2014)

Michael DUGGINS, Petitioner/Cross-Respondent, v. The STATE of Florida, Respondent/Cross-Petitioner.

District Court of Appeal of Florida, Third District.

September 17, 2014.

Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Susan S. Lerner , Assistant Public Defender, for petitioner/cross-respondent.

Pamela Jo Bondi , Attorney General, and Marlon J. Weiss , Assistant Attorney General, for respondent/cross-petitioner.

Before SUAREZ, EMAS, and LOGUE, JJ.

LOGUE, J.

This case comes before us in the unusual posture in which both the defendant, Michael Duggins, and the State petition for mandamus to require the trial court to rule on Duggins's pending motions to suppress. We grant Duggins's petition.

Duggins was charged in November 2012 with aggravated assault and possession of a firearm by a convicted felon. He filed two separate motions to suppress physical evidence. The trial court conducted an evidentiary...

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