ANDRE BOWER, PETITIONER,
v.
THE HONORABLE CAROL R. GERSTEN, RESPONDENT
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The court held that the petitioner is entitled to copies of the orders denying his motions for rehearing.
Petitioner filed a motion for postconviction relief, which was denied. He then filed motions for rehearing, which he alleges were not ruled upon or pr…
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PER CURIAM.
Petitioner, Andre Bower, files a writ of mandamus to compel the trial judge to rule on his motion for rehearing from a denial of a 3.850 motion for postconviction relief. We issued a rule to show cause and a response was duly received.
On February 10, 1994, petitioner filed a motion for postconviction relief pursuant to Rule 3.850, Florida Rules of Criminal Procedure, which was summarily denied by the trial judge on March 18, 1994. Thereafter, petitioner timely filed a motion for rehearing from the denial of the post conviction relief motion but alleges he received no response. Petitioner further alleges that he filed a second motion for rehearing which has yet to be ruled upon. Through a writ of mandamus, petitioner seeks to compel the trial court to rule on his motion for rehearing so that he may timely appeal the denial of his motion for posteonviction relief if necessary.
Review of the record reveals that the trial court denied both of defendant’s motions for rehearing on April 21, 1994, and June 8, 1994, respectively. However, there is no indication from the record that a written order was ever recorded or supplied to defendant. Pursuant to Rule 3.850(g), Florida Rules of Criminal Procedure, defendant is entitled to a copy of any order denying a motion for rehearing from a denial of a 3.850 motion for post conviction relief. Therefore, we grant the writ and direct the trial court to supply defendant with a copy of the orders denying his motions for rehearing.
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Samuels v. State, 701 So. 2d 916 (Fla. 4th DCA 1997)…rs announced orally in 1992, and possibly in failing as well to apprise Petitioner of the right to timely appeal them upon their rendition, mandamus will be granted. See Benczo v. Korda, 528 So. 2d 555 (Fla. 4th DCA 1988); see also Bower v. Gersten, 642 So. 2d 849 (Fla. 3d DCA 1994). We grant this petition for mandamus, but will withhold issuance of the actual writ on the presumption that the trial court will promptly comply with this opinion and mandate. STONE, C.J., and FARMER and SHAHOOD, JJ., concur.…