Diaz v. State

Scotty Santos Diaz filed a petition for writ of mandamus, seeking to compel the circuit court of the Seventh Judicial Circuit to rule on his motion to withdraw plea filed on March 6, 2008. In response to this Court’s order, the State advised that an evidentiary hearing on Diaz’s motion was scheduled for October 16, 2008. For reasons not apparent from the record, that hearing was continued, and, according to the trial court minutes, is now scheduled to be heard on some unspecified date in 2009.

Mandamus lies to compel a trial court to rule on a motion or petition within a reasonable time.…