Janson v. State

Full title: RONALD D. JANSON, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Jan 19, 2001

775 So. 2d 434 (Fla. Dist. Ct. App. 2001)

Opinion

No. 5D00-2766.

Opinion filed January 19, 2001.

Appeal from the Circuit Court for St. Johns County, Robert K. Mathis, Judge.

Ronald D. Janson, Daytona Beach, Pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Appellee.

HARRIS, J.

The issue here is whether the trial court erred in refusing to grant an extension of time to file a motion for rehearing after the ruling on Janson's Rule 3.850 motion because "motions for rehearing are not permitted" on motions for postconviction relief. We reverse. See Rule 3.850(g), Fla. R. Crim. P. (granting a fifteen-day period for the filing of a motion for rehearing "of any order denying a motion under this rule"); See also Sanders v. State, 611 So.2d 561 (Fla. 3d DCA 1992).

REVERSED and REMANDED.

THOMPSON, C.J., and SAWAYA, J., Concur.