JAY STAGGS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Antoine L. McBRIDE v. State, 810 So. 2d 1019 (Fla. 5th DCA 2002)
  …to cure this defect by including copies of the prior motion and order with its response. This did not cure the defect, however, because it is the duty of the trial court, not the state, to supply the necessary attachments. See Worthington v. State, 667 So. 2d 1023 (Fla. 5th DCA 1996) (holding that the trial court's denial of a rule 3.800(a) motion must be reversed when no record portions were attached and that the state’s attempt to provide the missing documentation by supplementing the record in the appellat…
• Webb v. State, 757 So. 2d 608 (Fla. 5th DCA 2000)
  …gument. However, the trial court did not attach the entire closing argument and the court’s failure to do so cannot be cured by the state. See Core v. State, 685 So. 2d 91 (Fla. 4th DCA), rev. denied, 695 So. 2d 699 (Fla.1997); Worthington v. State, 667 So. 2d 1023 (Fla. 5th DCA 1996). It appears from the portions of the closing arguments attached by the trial court that the prosecutor repeated several times that the victim was telling the truth. That could be highly prejudicial because the proof against Web…
• Petscher v. State, 936 So. 2d 639 (Fla. 5th DCA 2006)
  …f the record to refute the claim. The state’s attempt to provide such documentation to this court in response to this court’s order to show cause does not cure the defect.”); Collins v. State, 805 So. 2d 73 (Fla. 4th DCA 2002); Worthington v. State, 667 So. 2d 1023 (Fla. 5th DCA 1996) (same). Accordingly, I think the appropriate disposition is to reverse the trial court’s order [*643] and remand this case for further proceedings in accordance with Brown and the other precedent discussed above. The concurring…

Authorities Cited

• Vining v. State, 637 So. 2d 921 (Fla. 1994)