Higgs v. State

COBB, Judge.

In this habeas corpus proceeding we appointed the trial judge as commissioner to determine whether under the mailbox rule1 petitioner timely appealed an order summarily denying his 3.850 motion for post-conviction relief. See Higgs v. State, 599 So.2d 274 (Fla. 5th DCA 1992). The trial court found that petitioner’s 3.850 motion was denied August 1, 1990, and his timely motion for rehearing was denied August 20, 1990. The court further found' that petitioner’s notice of appeal was postmarked September 19, 1990 and filed in the clerk’s office September 26, 1990. Applying the mailbox…