District Court of Appeal of Florida February 11, 2011, No. 1D10-3769 (Himes v. State)

PER CURIAM.

The appellant has appealed an order denying his first Florida Rule of Criminal Procedure 3.850 motion without consideration of his timely-filed amended motion. The appellant argued in his motion for rehearing that the amended motion had been timely filed and therefore the trial court should have considered and ruled on it in its final order.