LEON MCFADDEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant challenges an order which denied his motion seeking portions of the trial court record which would enable him to prepare a post-conviction motion. We affirm.
Transcripts are not necessary for the preparation of a legally sufficient 3.850 motion. Florida Rule of Criminal Procedure 3.850 and the forms at Rule 3.987, are designed to assist pro se filings without the requirement of legally precise pleadings or detailed legal memoranda. Appellant must first file a 3.850 motion setting forth his alleged grounds for relief in order to secure a copy of portions of his trial record. In preparing his motion, appellant must rely on his best recollection of the court proceedings. Only then may he secure those portions of the record relevant to his motion. See Dorch v. State, 483 So. 2d 851 (Fla. 1st DCA 1986) and Cassoday v. State, 237 So. 2d 146 (Fla.1970).
WEBSTER and LAWRENCE, JJ., and SHIVERS, DOUGLASS B„ Senior Judge, concur.
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Baldwin v. State, 743 So. 2d 78 (Fla. 3d DCA 1999)…order to secure a copy of portions of his trial record. In preparing his motion, appellant must rely on his best recollection of the court proceedings. Only then may he secure those portions of the record relevant to his motion.” McFadden v. State, 711 So. 2d 1350 (Fla. 1st DCA 1998) (citations omitted); accord Cassoday v. State, 237 So. 2d 146, 147 (Fla.1970); Dorch v. State, 483 So. 2d 851, 852 (Fla. 1st DCA 1986); Carr v. State, 495 So. 2d 282 (Fla. 2d DCA 1986). Here, it appears that defendant wishes to f…
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Campbell v. State, 23 So. 3d 180 (Fla. 1st DCA 2009)…PER CURIAM. AFFIRMED. McFadden v. State, 711 So. 2d 1350 (Fla. 1st DCA 1998). KAHN, BENTON, and CLARK, JJ., concur.…
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Antwaun Durell Simmons v. State, 40 So. 3d 874 (Fla. 3d DCA 2010)…t’s assertion that he needs the transcripts in order to file his motion under Florida Rule of Criminal Procedure 3.850, see Cole v. State, 933 So. 2d 1261 (Fla. 3d DCA 2006); Baldwin v. State, 743 So. 2d 78 (Fla. 3d DCA 1999); and McFadden v. State, 711 So. 2d 1350 (Fla. 1st DCA 1998).…
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- Cassoday v. State, 237 So. 2d 146 (Fla. 1970)
- Norvel L. Dorch v. State, 483 So. 2d 851 (Fla. 1st DCA 1986)