Degregorio v. State

Joseph DeGregorio appeals the denial of his petition for writ of mandamus seeking to compel his appellate attorney to send him the appellate record from his direct appeal from his criminal judgment and sentence in circuit court case number 07-CF-3907. Because the circuit court denied the petition without resolving the factual issues created by the pleadings, we reverse.

DeGregorio initially filed a motion in the circuit court seeking an order compelling his appellate counsel to return the twenty-four volume appellate record to him following the conclusion of his direct appeal. See DeGregorio…