Arrietav.State

District Court of Appeal of Florida, Third District.Nov 12, 2014
163 So. 3d 1204 (Fla. Dist. Ct. App. 2014)

No. 3D14–2012.

11-12-2014

Erick ARRIETA, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s).


Opinion

Upon consideration, the petition for a writ of mandamus to compel the trial court's ruling on petitioner's motion for rehearing is dismissed. Petitioner is not entitled to a writ of mandamus compelling the trial court to rule on his motion for rehearing (following the trial court's order denying his Fla. R.Crim. P. 3.850 motion) because subdivision (j) of the rule provides that “if no order [on the motion for rehearing] is filed within 40 days, the motion is deemed denied.” This dismissal is without prejudice to petitioner filing a petition seeking belated appeal of the trial court's order denying his motion for postconviction relief.

WELLS, EMAS and FERNANDEZ, JJ., concur.