Roca-Moreno v. State

Defendant, Alfredo Roca-Moreno, III, appeals the denial of his rule 3.850 motion. This court entered an order to show cause why his appeal should not be dismissed because his notice of appeal was untimely. He responds that although he filed a timely motion for rehearing, the clerk of the trial court advised him that they had not received any such motion. Mr. Roca-Mor-eno has provided us with a copy of what appears to be a timely motion for rehearing that would have tolled the time for fifing a notice of appeal.

Regardless, this appeal must still be dismissed as untimely. The dismissal,…