Silvera v. State

Inez EL Silvera seeks a writ of mandamus, alleging that the trial court has unreasonably delayed in ruling on her Florida Rule of Criminal Procedure 3.800(a) motion to correct sentence filed December 19, 2005. On February 28, 2006, the circuit court entered an order holding the rule 3.800(a) motion in abeyance. The circuit court found that it lacked jurisdiction because Silvera filed a notice of appeal from an order denying a previous 3.800(a) motion for jail credit and the appeal is still pending.

If the present rule 3.800(a) motion raised the same jail credit issue that was raised in the…