BERNARD JONES, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT

Fla. 3d DCA | 2009-04-29
No. 3D09-741
Before GERSTEN, C.J., and COPE and SUAREZ, JJ.
8 So. 3d 1226 Florida District Court of Appeal, Third District (2009) Positive Treatment
Cited by 2 cases
Opinion of the Court
SUAREZ, J.

SUAREZ, J.

We deny Bernard Jones’ petition for writ of habeas corpus alleging claims of ineffective assistance of appellate counsel, as it is untimely filed. Fla. R.App. P. 9.141(c)(4)(B).

Petition denied.

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  • Beloni Petit-Frere v. State, 108 So. 3d 681 (Fla. 2d DCA 2013)
    …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).2 [*684] We therefore reverse and remand for the postconviction court to consider Petit-Frere’s motion filed February 20, 2012, under rule 3.050. If the court grants the motion, Petih-Frere must file his supplemental…
  • Higgins v. State, 37 So. 3d 913 (Fla. 4th DCA 2010)
    …urt has determined that a court can enlarge the strict two-year time limit of Rule 3.850(b) by application of Rule 3.050(2). See Parker v. State, 907 So. 2d 694 (Fla. 4th DCA 2005); see also State v. Boyd, 846 So. 2d 458 (Fla.2003); Suarez v. State, 8 So. 3d 1226 (Fla. 3d DCA 2009). Although we do not think that the appellant alleged either good cause or excusable neglect in his motion for enlargement of time, nevertheless, the trial court granted the motion. It cannot deny those claims as untimely, having m…

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