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DeLisi v. State
Citations: 780 So. 2d 174; 2001 Fla. App. LEXIS 323; 2001 WL 43643Docket: No. 2D00-3934
Court: District Court of Appeal of Florida; January 18, 2001; Florida; State Appellate Court
Richard DeLisi's appeal concerns the summary denial of his motion for rehearing regarding the denial of his postconviction relief motion under Florida Rule of Criminal Procedure 3.850. The trial court initially found the rehearing motion untimely, as it was filed 20 days after the denial order. However, the certificate of service indicates that DeLisi's motion was timely submitted to prison officials. Based on this, the appellate court determined that the motion for rehearing was indeed filed on time and should be evaluated on its merits. The decision to deny the rehearing was reversed and the case was remanded for further consideration. Judges GREEN, STRINGER, and DAVIS concurred with the decision.