GEORGE M. DANIELS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GEORGE M. DANIELS, APPELLANT,
STATE OF FLORIDA, APPELLEE
860 So. 2d 21
Florida District Court of Appeal, First District (2003)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Upon consideration of the appellant’s response to the Court’s order of September 10, 2003, the Court has determined that the notice of appeal was not timely filed because the motion for rehearing was not filed within 'fifteen days of the date of service of the trial court’s order. Accordingly, the appeal is hereby dismissed.
DISMISSED.
ALLEN, DAVIS and BENTON, JJ, concur.
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Daniels v. State, 892 So. 2d 526 (Fla. 1st DCA 2004)…Both the motion for enlargement of time and the motion for rehearing were denied on July 10, 2003. Daniels filed a notice of appeal on August 6, 2003, which was assigned this court’s case number 1D03-3605. The appeal was dismissed. Daniels v. State, 860 So. 2d 21 (Fla. 1st DCA 2003). Petitioner argues, and we agree, that a belated appeal should be granted in this circumstance because the time for moving for rehearing of denial of postcon-viction relief can be extended in accordance with Florida Rule of Cri…