Dawson-Knapp v. State

The defendant challenges an order rendered August 26, 1994, denying a motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800. The defendant filed a motion for rehearing on September 12, 1994, which was denied by order entered October 19, 1994. Because a motion for rehearing is not authorized by Rule 3.800, the time for filing a notice of appeal was not tolled. Further, the trial court’s erroneous recital that the defendant had “thirty (30) days from the date of [the order denying rehearing] to appeal” did not toll the time for filing a notice of appeal.…