Miller v. State

PER CURIAM.

Robert Davis Miller appeals an order denying his petition for writ of mandamus filed in the circuit court. In substance the petition is a request for the trial court to reconsider its order denying appellant’s motion for postconviction relief, which had been entered over three months previously. As such, the petition was in reality an untimely motion for rehearing. See Fla. R.Crim. P. 3.850(g). Mandamus was properly denied.

Affirmed.