Garcia v. United States

FERREN, Associate Judge:

Michael Garcia appeals the denial of his April 3, 1985 motion for reduction of sentence for lack of jurisdiction. We affirm that ruling. Treating this appeal, in part, as a petition for writ of mandamus, however, we remand for the trial court (1) to treat two unanswered letters Garcia wrote to the sentencing judge in June and July of 1984, within 120 days of his probation revocation, as timely filed motions to reduce sentence, and (2) to determine whether Garcia, under the circumstances, is entitled to relief.

I

Garcia pleaded guilty to assault with a dangerous weapon,…