Third District Court of Appeal
State of Florida
Opinion filed December 31, 2014.
Not final until disposition of timely filed motion for rehearing.
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No. 3D14-2643
Lower Tribunal No. 92-2775
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Mark Smith,
Petitioner,
vs.
The State of Florida,
Respondent.
A Case of Original Jurisdiction – Mandamus.
Mark Smith, in proper person.
Pamela Jo Bondi, Attorney General, for respondent.
Before WELLS, SUAREZ, and ROTHENBERG
PER CURIAM.
The defendant has filed a petition for writ of mandamus attempting to, once
again, obtain a resentencing on counts I and II. This is his fourth attempt to obtain
such a resentencing. In 2008, this Court rejected a similar argument saying “the
same issue has been raised in a previous motion and been ruled upon and denied.
See Smith v. State,
669 So. 2d 1133 (Fla. 3d DCA 1996).” We therefore deny this
petition for a writ of mandamus. We caution the defendant that further attempts to
obtain such relief may subject the defendant to sanctions.
Petition denied.
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