District Court of Appeal of Florida

Where the timeliness of a 3.800, 3.850, or 3.853 appeal cannot be determined due to the order on appeal lacking a date of service, the court will presume that the motion for rehearing was timely filed. The state, however, shall be given the opportunity to rebut that presumption by presenting evidence that the motion for rehearing was, in fact, not timely filed.

Appellate Information

• Decided 01/25/2007
• Published 01/26/2007

Judges

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Rubin E. Palm, pro se, Appellant.


• For Appellees:
  
• Bill McCollum, Attorney General, for Appellee.