Batson v. State

WALLACE, Judge.

Shea R. Batson appeals the dismissal of his postconviction motion that the post-conviction court treated as a motion to withdraw plea. Mr. Batson challenges the postconviction court’s dismissal of his motion for rehearing of the original order of dismissal as untimely filed. The postcon-viction court dismissed the motion for rehearing as untimely because the order dismissing Mr. Batson’s motion for post-conviction relief was served on January 18, 2012, and Mr. Batson’s motion for rehearing was filed1 on February 3, 2012, which exceeded the fifteen-day time limit of Florida Rule…