MACK CORE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Appellant’s postrconviction motion was denied without evidentiary hearing or identification 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 office had a conflict caused by its previous representation of a state witness.' We affirm the denial of relief on all remaining issues.
GLICKSTEIN, KLEIN and SHAHOOD, JJ., concur.
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Webb v. State, 757 So. 2d 608 (Fla. 5th DCA 2000)…ed Webb’s claim, after reviewing the closing comments and considering the totality of the argument. 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 th…
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Higginbotham v. State, 69 So. 3d 1041 (Fla. 1st DCA 2011)…ROWE, JJ., concur. . In response to a Toler order, the State attached a scoresheet indicating that 600 months was in fact within the guidelines range. However, the trial court must attach portions of the order refuting a claim. Cf. Core v. State, 685 So. 2d 91 (Fla. 4th DCA 1997) (“Appellant's post-conviction motion was denied without evidentiary hearing or identification of evidence in the record that refuted his claims. The state has attempted to cure the record deficiency on appeal by supplying this co…
Authorities Cited
- Wheeler v. State, 634 So. 2d 213 (Fla. 4th DCA 1994)
- Carthen v. Richard P. Wille as Sheriff of Palm Beach Cnty., 602 So. 2d 696 (Fla. 4th DCA 1992)