Florida District Courts of Appeal, 1996

Miller v. State

Miller v. State
Florida District Courts of Appeal · Decided December 4, 1996 · Cope, Gersten, Shevin
683 So. 2d 645; 1996 Fla. App. LEXIS 12802; 1996 WL 691775 (Southern Reporter, Second Series)

Miller v. State

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.