LEONARD B. BALDWIN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Defendant-appellant filed a motion seeking access to the transcripts of his sentencing hearing alleging that he was in the process of filing a motion to correct his sentence. The trial court denied the motion without prejudice and defendant appealed. We affirm.
“Transcripts are not necessary for the preparation of a legally sufficient [Florida Rule of Criminal Procedure] 3.850 motion .... 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.” 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 file a motion under Florida Rule of Criminal Procedure 3.800. The same logic applies.
Defendant may, of course, inquire whether his former counsel has the documents he seeks or can assist defendant in obtaining those documents.
Affirmed.
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Rory Enrique Conde v. State, 860 So. 2d 930 (Fla. 2003)…held that in ordering the charges reconsolidated, the trial court abused its discretion because the murders were not sufficiently related in time, place, or manner to be tried together under Florida Rule of Criminal Procedure 3.150. State v. Conde, 743 So. 2d 78, 79 (Fla. 3d DCA 1999). The Third District did not review the trial court's decision to admit the collateral crimes evidence at a severed trial but did note that, although the offenses were separate episodes requiring separate trials, they were "sim…
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Antwaun Durell Simmons v. State, 40 So. 3d 874 (Fla. 3d DCA 2010)…os, 757 So. 2d at 616. Affirmed.* * As to the defendant’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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Cole v. State, 933 So. 2d 1261 (Fla. 3d DCA 2006)…red a guilty plea and was sentenced in January 1996. Contrary to Cole’s representation in his brief, no Rule 3.850 post-conviction motion, or any other paper, has been filed in this matter since he was sentenced. As we confirmed in Baldwin v. State, 743 So. 2d 78, 78 (Fla. 3d DCA 1999): [*1262] “Transcripts are not necessary for the preparation of a legally sufficient [Florida Rule of Criminal Procedure] 3.850 motion.... Appellant must first file a 3.850 motion setting forth his alleged grounds for relief in…
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- Cassoday v. State, 237 So. 2d 146 (Fla. 1970)
- Carr v. State, 495 So. 2d 282 (Fla. 2d DCA 1986)
- Norvel L. Dorch v. State, 483 So. 2d 851 (Fla. 1st DCA 1986)
- McFADDEN v. State, 711 So. 2d 1350 (Fla. 1st DCA 1998)
- Naylor v. U.S. Tr. Co. OF Fla., 711 So. 2d 1350 (Fla. 2d DCA 1998)