LEROY AARON GRIMES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant seeks review of an order denying his Rule 3.800(a) motion for correction of sentence to include additional credit for time served. There was no evidentiary hearing, and the trial court failed to attach to its order the portions of the record which it relied on for denial. Here, however, the state filed a response to the motion, and attached a copy of appellant’s signed plea agreement which conclusively shows that his motion is without merit. The court stated in its order denying the motion that it had considered the state’s response. Under these circumstances we conclude that the trial court’s failure to attach to its order the portions of the record relied on for denial of the motion is not reversible error. We agree with the first district, which came to the same conclusion under similar circumstances, in Bland v. State, 563 So. 2d 794 (Fla. 1st DCA 1990).
AFFIRMED.
GUNTHER, FARMER and KLEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Oehling v. State, 659 So. 2d 1226 (Fla. 5th DCA 1995)…hich asserted the lesser included instruction had in fact been given, Oehling’s ease is legally insufficient. It relies on Lightbourne v. State, 471 So. 2d 27 (Fla.1985) (attachments not required when claim is legally insufficient); Grimes v. State, 642 So. 2d 145 (Fla. 4th DCA 1994) (failure of court to include attachments in a rule 3.800(a) proceeding not error when state’s response includes attachments and the court’s order indicates that state’s response was considered); and Bland [*1228] v. State, 563 So…
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Norman v. State, 676 So. 2d 7 (Fla. 4th DCA 1996)…failed to present evidence of his inability to pay. By not objecting to the imposition of the cost of prosecution, defendant did not adequately preserve this issue for appeal. See Holmes v. State, 658 So. 2d 1185 (Fla. 4th DCA 1994); Mills v. State, 642 So. 2d 145 (Fla. 4th DCA 1994); Thomas v. State, 633 So. 2d 1122 (Fla. 5th DCA 1994). In Holmes we declined to consider the defendant’s various challenges to the trial court’s imposition of prosecution costs and public defender fees “for the very simple reason…
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Evans v. State, 731 So. 2d 766 (Fla. 4th DCA 1999)…strikes, had it been made part of the court’s order. The failure to physically attach the transcript would not have required reversal on this point if the court had stated in its order that it had reviewed the state’s response. See Grimes v. State, 642 So. 2d 145 (Fla. 4th DCA 1994). However, the order does not mention the response. The appellant’s second ground for relief was that his trial counsel was ineffective for failing to request a jury instruction pursuant to Florida Statutes section 90.803(18)(e)…
Authorities Cited
- Bland v. State, 563 So. 2d 794 (Fla. 1st DCA 1990)