PIERRE v. STATE

No. 3D06-2401.

971 So.2d 825 (2007)

Mario PIERRE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 12, 2007.


Attorney(s) appearing for the Case

Mario Pierre, in proper person.

Bill McCollum, Attorney General, and Michael C. Greenberg, Assistant Attorney General, for appellee.

Before SUAREZ, ROTHENBERG, and SALTER, JJ.


ROTHENBERG, Judge.

The appellant, Mario Pierre ("Pierre"), filed a petition with the Florida Supreme Court attempting to invoke the Court's all writs jurisdiction. The Florida Supreme Court transferred the petition to the circuit court for consideration as a motion for postconviction relief pursuant to either Florida Rule of Criminal Procedure 3.850 or 3.800(a). Although the trial court failed to articulate under which rule its denial was based, we affirm.

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