ROBERT B. WHEELER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This is an appeal from a summary denial of a motion for post-conviction relief pursuant to criminal procedure rule 3.850. Appellant was convicted of multiple counts of theft arising out of his failure to pay state sales tax collected in the operation of a petroleum business.
We reverse as to two of the multiple issues raised and remand for an evidentiary hearing or for record attachments refuting Appellant’s claim that the state withheld information of “secret” audits and the related claim that counsel was ineffective by failing to discover the audits.
We recognize that the state has attempted to cure the record deficiency by supplying information to this court in an appendix.1 However, this is insufficient to cure the lack of support for the court’s order. See Jackson v. State, 602 So. 2d 696 (Fla. 4th DCA 1992); McGrady v. State, 591 So. 2d 270 (Fla. 4th DCA 1991).
STONE, WARNER and POLEN, JJ., concur. . It does not appear that the state filed a response in the trial court.
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Smith v. State, 719 So. 2d 1017 (Fla. 4th DCA 1998)…of procedure for failure to attach prior motions and pertinent records to permit the appellate court to review the dismissal). The state’s supplying them in an appendix to its response to this court cannot cure the deficiency. See Wheeler v. State, 634 So. 2d 213 (Fla. 4th DCA 1994) (reversing order denying motion for postconviction relief, holding state’s attempt to cure record deficiency by supplying appendix to district court could not cure lack of support for circuit court’s order). The other issues rai…
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Hastings v. State, 670 So. 2d 1176 (Fla. 4th DCA 1996)…mentation of the order with portions of the record is insufficient to support the trial court’s summary denial. See McGrady v. State, 591 So. 2d 270 (Fla. 4th DCA 1991.) See also Cherry v. State, 638 So. 2d 111 (Fla. 4th DCA 1994); Wheeler v. State, 634 So. 2d 213 (Fla. 4th DCA 1994). Accordingly, the order is reversed and remanded for either attachment of portions of the record refuting the claim or for an evidentiary hearing. GLICKSTEIN, DELL and POLEN, JJ., concur.…
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Core v. State, 685 So. 2d 91 (Fla. 4th DCA 1997)…on of evidence in the record that refuted his claims. The state has attempted to cure the record deficiency on appeal by supplying this court with documentation to support the decision below. This is insufficient to cure the error. Wheeler v. State, 634 So. 2d 213 (Fla. 4th DCA 1994); Jackson v. State, 602 So. 2d 696 (Fla. 4th DCA 1992). We reverse as to the issue of the public defender’s disqualification and remand for an evidentiary hearing or for record attachments refuting appellant’s claim that the off…
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- Carthen v. Richard P. Wille as Sheriff of Palm Beach Cnty., 602 So. 2d 696 (Fla. 4th DCA 1992)
- McGRADY v. State, 591 So. 2d 270 (Fla. 4th DCA 1991)