HIMES v. STATE

No. 1D10-3769.

53 So.3d 1218 (2011)

Kyle Ray HIMES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 11, 2011.


Attorney(s) appearing for the Case

Frank J. Tassone , Jacksonville, for Appellant.

Pamela Jo Bondi , Attorney General, and Michael T. Kennett , Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

The appellant has appealed an order denying his first Florida Rule of Criminal Procedure 3.850 motion without consideration of his timely-filed amended motion. The appellant argued in his motion for rehearing that the amended motion had been timely filed and therefore the trial court should have considered and ruled on it in its final order. However, the trial court denied the motion for rehearing and did not rule on the amended motion. A defendant may...

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