Summary
In Nguyen v. State, 868 So.2d 666 (Fla. 1st DCA 2004), we recognized that the time to seek rehearing could likewise be extended upon a showing of good cause, but that whether to grant an extension is nonetheless a matter addressed to the sound discretion of the trial court.
Summary of this case from Gary v. StateOpinion
Case No. 1D03-3673.
Opinion filed March 26, 2004.
An appeal from the Circuit Court for Duval County, Lance M. Day, Judge.
Appellant, pro se.
Charlie Crist, Attorney General and Trisha Meggs Pate, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.
Pursuant to Florida Rule of Criminal Procedure 3.850, Appellant filed a postconviction motion which the trial court denied following an evidentiary hearing. Thereafter, Appellant filed a motion entitled "motion for rehearing and motion for extension of time for amended motion for rehearing." The trial court denied the motion for rehearing as being without merit. However, the trial court denied Appellant's motion for extension of time, concluding Florida Rule of Criminal Procedure 3.850(g) prevented the court from granting such a motion.
The trial court, for good cause shown, may extend the time. See Fla. R. Crim. P. 3.050; State v. Boyd, 846 So.2d 458 (Fla. 2003). Because the trial court denied Appellant's motion apparently on its mistaken belief that it was precluded from granting an extension of time, we REVERSE and REMAND. See Janson v. State, 775 So.2d 434 (Fla. 5th DCA 2001). On remand, the trial court has the discretion to grant or deny the motion for extension of time.
REVERSED and REMANDED.
BOOTH, POLSTON, and HAWKES, JJ., CONCUR.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED