Legal Opinion

Smith v. State

District Court of Appeal of Florida

Decided October 2, 2013No. 4D13-685Published

1Per curiam

Affirmed. Concerning the conversion of appellant’s drug offender probation to regular probation with special conditions, see Smith v. State, 71 So.3d 246 (Fla. 4th DCA 2011), the trial court’s order on remand *647reflects it already has undertaken to order a resentencing hearing, but appellant argues the hearing has not yet been set. As to that ground, his remedy is to bring the matter to the trial court’s attention, requesting a setting of the hearing, and then, if the trial court unreasonably delays thereafter, to file a petition for writ of mandamus with this court. See generally Clark v.…

2Cases cited2 opinions

  1. Clark v. StateDistrict Court of Appeal of Florida · 2005
  2. Smith v. StateDistrict Court of Appeal of Florida · 2011

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