RICHARD DELISI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2001-01-19
No. 2D00-3934
GREEN, A.C.J., and STRINGER and DAVIS, JJ., concur.
780 So. 2d 174 Florida District Court of Appeal, Second District (2001) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

[*175] PER CURIAM.

Richard DeLisi appeals the summary denial of his motion for rehearing of the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied the motion for rehearing as untimely filed. DeLisi’s motion for rehearing was filed in the circuit court clerk’s office twenty days after the order denying relief was rendered. However, the certificate of service reflects that the motion for rehearing was timely placed in the hands of prison officials. Accordingly, the motion was timely filed and must be considered on its merits. See Thompson v. State, 761 So. 2d 324 (Fla.2000).

Reversed and remanded.

GREEN, A.C.J., and STRINGER and DAVIS, JJ., concur.

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  • Shea R. Batson v. State, 99 So. 3d 626 (Fla. 2d DCA 2012)
    …e post-conviction court’s order dismissing Bat-son’s postconviction motion, the motion for rehearing was timely. Accordingly, we reverse and remand for the postconviction court to consider the motion for rehearing on the merits. See DeLisi v. State, 780 So. 2d 174,175 (Fla. 2d DCA 2001). Reversed and remanded. KHOUZAM and MORRIS, JJ., Concur. . The trial court correctly relied on the prison mail room stamp for this date.…

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