Johnson v. State

We find that petitioner’s motion for rehearing of the order denying post-conviction relief was timely. King v. State, 504 So.2d 405 (Fla. 1st DCA 1987). Although the notice of appeal was not received by the clerk of the trial court, petitioner has satisfactorily demonstrated that a notice of appeal was timely mailed pursuant to Haag v. State, 591 So.2d 614 (Fla.1992). Transmittal of the notice of appeal to the trial judge rather than the clerk of the court was sufficient to invoke jurisdiction. Wynn v. State, 557 So.2d 188 (Fla. 1st DCA 1990). We therefore grant the petition for writ of…