ROBERT ALLEN PUGH, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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CASANUEVA, Judge.
Robert Allen Pugh, Jr., appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The appellate record in this case is incomplete because Pugh’s motion was not transmitted to this court. Following an extensive search, the clerk filed a certificate of nonexistence with this court. This court then requested the State to review its files in the hope that the State could assist the clerk in locating an accurate copy of the missing pleading. Unfortunately, the motion could not be located, and this court cannot properly review the matter without an adequate record. See Brown v. State, 790 So. 2d 1133 (Fla. 2d DCA 2001). Accordingly, we affirm the trial court’s order. However, this affirmance is without prejudice to Pugh’s right to file another motion concerning the same issues with the trial court.
Affirmed.
ALTENBERND, A.C.J., and NORTHCUTT, J., Concur.
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Citator
Cited By
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McMILLAN v. State, 192 So. 3d 1277 (Fla. 2d DCA 2016)…Moreover, in response to an order from this court, both the assistant state attorney and Mr. McMillan have indicated that they do not have a copy of the motion in their possession. As a result, the appellate record is incomplete. See Pugh v. State, 793 So. 2d 116, 116 (Fla. 2d DCA 2001) (involving virtually identical circumstances and describing the appellate record as “incomplete” because the posteon-viction motion was not transmitted to this court). Because we cannot review the matter without an adequate r…
Authorities Cited
- Brown v. State, 790 So. 2d 1133 (Fla. 2d DCA 2001)
- Acree v. Ben's Lawn Serv., Inc., 790 So. 2d 1133 (Fla. 2d DCA 2001)