David L. King v. State Florida

SHIVERS, Judge. This cause arises out of an instruction we issued to appellant David King in a previous decision, King v. State, 504 So.2d 405, 11 FLW 2507 (Fla. 1st DCA Dec. 2, 1986). In King v. State we remanded appellant's cause to the trial court for a determination of whether King's motion was timely. This was necessary in light of our holding in Lloyd v. Harrison, 489 So.2d 856 (Fla. 1st DCA 1986), that where it is unclear whether the trial court has disposed of a motion for rehearing, it is impossible to determine whether jurisdiction has vested. On remand, the trial court found that King filed his motion for rehearing outside of the 15 day period which Florida Rule of Criminal Procedure 3.850(f) establishes. We reverse.