Petit-Frere v. State, 38 Fla. L. Weekly D366a (Fla. 2d DCA February 15, 2013):  Defendant filed a 3.850 alleging ineffective assistance of post-conviction counsel (which the law does not permit).  He wanted to add additional claims in his 3.850 motion of ineffective assistance of trial counsel.  He moved the court for additional time past the 2-year limit on Rule 3.850 motions in which to add his claims.  The trial court denied the request, and was reversed.

Because the defendant’s motion requested an extension of time to file his additional claims of ineffective assistance of trial counsel,  the postconviction court should have also treated the motion under Florida Rule of Criminal Procedure 3.050, concerning enlargement of time. A postconviction court may, under rule 3.050, extend the two-year rule 3.850 deadline “for good cause shown.” State v. Boyd, 846 So. 2d 458, 460 (Fla. 2003) (quoting Fla. R. Crim. P. 3.050) (concerning motions for extension of time filed before a deadline under rule 3.050); see also Parker v. State, 907 So. 2d 694, 695 (Fla. 4th DCA 2005) (allowing motions for enlargement of time to be filed after the rule 3.850 deadline in accordance with rule 3.050, which requires the movant to demonstrate excusable neglect); Suarez v. State, 8 So. 3d 1226, 1226 (Fla. 3d DCA 2009) (same).

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