CHARLES M. FRANK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
The trial court failed to attach to its order those parts of the record that conclusively refute appellant’s claims for post-conviction relief. In Hastings v. State, 670 So. 2d 1176 (Fla. 4th DCA 1996), this court stated that “[t]he state’s supplementation of the order with portions of the record is insufficient to support the trial court’s summary denial.”
Accordingly, we reverse the trial court’s summary denial of appellant’s motion for post-conviction relief and remand this cause for either attachment of portions of the record refuting his claims for relief or for an evidentiary hearing.
REVERSED and REMANDED.
DELL, FARMER and PARIENTE, JJ., concur.
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Leronnie Lee Walton v. State, 106 So. 3d 522 (Fla. 1st DCA 2013)…Ministerial or clerical corrections include, e.g., striking an improper violent career criminal designation, see Mullins v. State, 997 So. 2d 443, 445 (Fla. 3d DCA 2008); entering a written sentence where none existed before, see Williams v. State, 697 So. 2d 584, 584 (Fla. 4th DCA 1997); or changing the written sentence to conform to the oral pronouncement of sentence, see Frost v. State, 769 So. 2d 443, 444 (Fla. 1st DCA 2000). Neither circumstance is present in this ease. Defense counsel’s consent did no…
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Dougherty v. State, 785 So. 2d 1221 (Fla. 4th DCA 2001)…zo v. State, 596 So. 2d 438, 439 (Fla.1992). An exception is made in resentencing cases where all that is required on remand is a ministerial act of sentence correction. See Frost v. State, 769 So. 2d 443, 444 (Fla. 1st DCA 2000); Williams v. State, 697 So. 2d 584 (Fla. 4th DCA 1997). However, “[a] criminal defendant has a right to be present at sentencing, whether the sentence to be imposed is the immediate result of adjudication of guilt or the result of a successful 3.850 challenge.” Barcelo v. State, 774…
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Orta v. State, 919 So. 2d 602 (Fla. 3d DCA 2006)…rror. Dougherty, 785 So. 2d at 1223. Florida has, however, recognized an exception in resentencing cases where only the “ministerial act” of sentence correction is required. Frost v. State, 769 So. 2d 443, 444 (Fla. 1st DCA 2000); Williams v. State, 697 So. 2d 584 (Fla. 4th DCA 1997)(correcting a discrepancy between the oral pronouncement and the written sentence). After reviewing the Record, we conclude that resentencing in the instant case does not involve a “ministerial act.” In Roy v. State, 711 So. 2d 1…
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- Stanley Marsh & Sons, Inc. v. Niagara Distribs., Inc., 670 So. 2d 1176 (Fla. 4th DCA 1996)
- Hastings v. State, 670 So. 2d 1176 (Fla. 4th DCA 1996)