Opinion
No. 2D12–2682.
2012-06-21
Kevin R. SAGE, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
BY ORDER OF THE COURT.
This appeal is dismissed as untimely. The final order denying postconviction relief was served on the appellant on March 28, 2012. The appellant had 15 days from the date of service, plus 3 additional days for service by mail, to put his motion for rehearing into the hands of corrections officials. The motion for rehearing filed on April 17, 2012, was untimely and was properly dismissed as such by the postconviction court. Therefore, the filing of the motion did not delay rendition of the order, and the filing of the notice of appeal on May 1, 2012, was untimely. See McCoy v. State, 993 So.2d 970 (Fla. 2d DCA 2008); Neal v. State, 915 So.2d 746 (Fla. 5th DCA 2005).