OLIVER BELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Oliver Bell appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial judge denied the motion without an evidentiary hearing and, in her order, made specific references to attachments from the court file which appear to refute the appellant’s allegations. Unfortunately, the references were not attached to the denial order. We have attempted to supplement the record but the clerk’s office has not been able to locate the referenced attachments.
Accordingly, we reverse the trial court’s denial of appellant’s motion and remand the case to the trial court for further proceedings.
CAMPBELL, A.C.J., and HALL and THREADGILL, JJ., concur.
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Lawrence v. State, 918 So. 2d 368 (Fla. 3d DCA 2005)…, application of a facially unconstitutional statute is fundamental error which may be raised at any time. Id. at 1126-27; Trushin v. State, 425 So. 2d 1126, 1129-30 (Fla.1983); Williams v. State, 651 So. 2d 1291 (Fla. 2d DCA 1995); Heflin v. State, 595 So. 2d 1018 (Fla. 2d DCA 1992). In Williams, like here, the defendant pled guilty to violating a statute that was later declared unconstitutionally void. He filed a motion to correct illegal sentence, and the appellate court stated that, because the statute w…
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