SMITH V. STATE

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Third District Court of Appeal State of Florida Opinion filed December 31, 2014. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D14-2643 Lower Tribunal No. 92-2775 ________________ Mark Smith, Petitioner, vs. The State of Florida, Respondent. A Case of Original Jurisdiction – Mandamus. Mark Smith, in proper person. Pamela Jo Bondi, Attorney General, for respondent. Before WELLS, SUAREZ, and ROTHENBERG PER CURIAM. The defendant has filed a petition for writ of mandamus attempting to, once again, obtain a resentencing on counts I and II. This is his fourth attempt to obtain such a resentencing. In 2008, this Court rejected a similar argument saying “the same issue has been raised in a previous motion and been ruled upon and denied. See Smith v. State, 669 So. 2d 1133 (Fla. 3d DCA 1996).” We therefore deny this petition for a writ of mandamus. We caution the defendant that further attempts to obtain such relief may subject the defendant to sanctions. Petition denied. 2

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