Miller v. State

683 So. 2d 645, 1996 Fla. App. LEXIS 12802, 1996 WL 691775
District Court of Appeal of Florida·Decided December 4, 1996·No. No. 96-3037·Published·Cited by 1 cases

Opinion

PER CURIAM.

Robert Davis Miller appeals an order denying his petition for writ of mandamus filed in the circuit court. In substance the petition is a request for the trial court to reconsider its order denying appellant’s motion for postconviction relief, which had been entered over three months previously. As such, the petition was in reality an untimely motion for rehearing. See Fla. R.Crim. P. 3.850(g). Mandamus was properly denied.

Affirmed.

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Miller v. State, 683 So. 2d 645, 1996 Fla. App. LEXIS 12802, 1996 WL 691775 (Fla. Ct. App. 1996).

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