Legal Opinion

Bischel v. State

District Court of Appeal of Florida

Decided June 3, 1998No. 98-01519PublishedCited by 1 opinion

1Per curiam

Michael William Bischel appeals the trial court’s order denying his motion for correction of sentence. We are compelled to dismiss this appeal as untimely.

Instead of timely appealing the trial court’s order denying his motion, Bischel filed a motion for rehearing. Because a motion for rehearing is not authorized by Florida Rule of Criminal Procedure 3.800, the time for filing a notice of appeal from the original trial court order is not tolled. See Dawson-Knapp v. State, 679 So.2d 1 (Fla. 2d DCA 1995). Bischel did not appeal the order denying his motion for correction of sentence within…

2Cases cited1 opinion

  1. Dawson-Knapp v. StateDistrict Court of Appeal of Florida · 1995

3Cited by1 opinion

  1. Amendments to the Florida Rules of Criminal ProcedureSupreme Court of Florida · 2004

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