Mincey v. State

Lenorris Mincey, defendant, appeals the trial court’s order denying all claims raised in his original and amended motions for post-conviction relief, filed pursuant to rule 3.850 of the Florida Rules of Criminal Procedure. We dismiss this appeal as untimely.

Pursuant to rule 3.850(j), a trial court’s order disposing of a motion for rehearing shall be filed no later than 40 days from the date of the order of which rehearing is sought. If no order is issued within 40 days, the motion is deemed denied.

In this case, the trial court’s order denying the defendant’s post-conviction motion was…