Boldon v. State, 740 So. 2d 15

PER CURIAM.

Noah Boldon petitions this court for a writ of mandamus, complaining of the trial court’s failure to rule on his motion to withdraw his plea. However, it appears that the motion was made at a time when petitioner was represented by counsel in the trial court and therefore the trial judge was within his discretion to treat the motion as a nullity and disregard it. Smith v. State, 444 So.2d 542, 547 (Fla. 1st DCA 1984).

The petition for writ of mandamus is DENIED.

ALLEN, WEBSTER and VAN NORTWICK, JJ„ concur.

Case Details

Case Name: Boldon v. State

Court Name: District Court of Appeal of Florida

Date Published: Mar 23, 1999

Citations: 740 So. 2d 15; 1999 Fla. App. LEXIS 3387; 1999 WL 152573; No. 98-3341

Docket Number: No. 98-3341

Court Abbreviation: Fla. Dist. Ct. App.