ROBERT DAVIS MILLER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1996-12-04
No. 96-3037
Before COPE, GERSTEN and SHEVIN, JJ.
683 So. 2d 645 Florida District Court of Appeal, Third District (1996) Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.

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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