Elliott v. State

By “petition for leave to file belated motion for discretionary review,” Dennis Wayne Elliott alleges that following the denial of his amended motion for post-conviction relief, he timely placed into the hands of prison officials for mailing a motion for rehearing and for leave to file a second amended motion for post-conviction relief. He has provided this court with copies of the motion, which bears an institutional mailing stamp corroborating his claim concerning the date he surrendered it to prison officials.

Under Florida Rule of Appellate Procedure 9.420(a)(1) Elliott’s motion is deemed…