Millette v. State

CASANUEVA, Judge.

Reynaldo Millette appeals the postcon-viction court order summarily denying his motion filed under Florida Rule of Criminal Procedure 3.850(b)(3), wherein Mr. Millette sought leave to file a belated post-conviction motion on the basis that his privately retained counsel failed to timely file the motion. Because counsel did in fact file a timely motion for postconviction relief on August 22, 2012, and timely amended that motion on May 23, 2013, we affirm the postconviction court’s order. However, we note that the postconviction court erroneously dismissed the amended motion as…