ALTERISIO v. STATE

No. 97-2706.

704 So.2d 164 (1997)

Michael ALTERISIO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 22, 1998.


Attorney(s) appearing for the Case

Michael Alterisio, Lake City, pro se.

No Appearance for Appellee.


ANTOON, Judge.

Michael Alterisio, the defendant, appeals the denial of his motion for postconviction relief which was filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. We dismiss this appeal because the notice of appeal was filed more than thirty days after rendition of the trial court's order.

The issue presented in this case is whether the defendant tolled the thirty-day period for filing an appeal by filing a motion for rehearing...

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