Stevens v. State

KELLY, Judge.

Albert Stevens, Jr., appeals from the order denying his motion for an extension of time to file his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Because the order is not a final, appealable order, we dismiss the appeal. Stevens shall have sixty days after the date this opinion becomes final to file his rule 3.850 motion. The trial court can then determine the issue of timeliness and dispose of the motion on the merits, if appropriate. See Manning v. State, 28 So.3d 971, 973 (Fla. 2d DCA 2010) (holding that “when a motion for extension to file a…