Ramirez v. State

Gilbert Ramirez petitions this court for a writ of mandamus. He seeks to compel the Circuit Court for Duval County to rule on a motion for postconviction relief which he filed two years ago in that court’s case number 2004-CF-10692. The State of Florida has been directed to respond to the postconviction motion. No disposition of the merits of the motion, however, has been made by the circuit court.

*341The trial court’s delay in acting on the motion is unreasonable and a writ of mandamus is appropriate in the circumstances. See Bernard, v. State, 734 So.2d 606 (Fla. 1st DCA 1999). We grant the…