Bower v. Gersten

Petitioner, Andre Bower, files a writ of mandamus to compel the trial judge to rule on his motion for rehearing from a denial of a 3.850 motion for postconviction relief. We issued a rule to show cause and a response was duly received.

On February 10, 1994, petitioner filed a motion for postconviction relief pursuant to Rule 3.850, Florida Rules of Criminal Procedure, which was summarily denied by the trial judge on March 18, 1994. Thereafter, petitioner timely filed a motion for rehearing from the denial of the post conviction relief motion but alleges he received no response. Petitioner…