TINA TORRES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2002-11-20
No. 4D02-2337
FARMER, TAYLOR and HAZOURI, JJ., concur.
830 So. 2d 917 Florida District Court of Appeal, Fourth District (2002) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

The defendant appeals an order denying her rule 3.800(a) motion. The trial court did not attach those parts of the record in the case that refute the defendant’s claim. See Ford v. State, 667 So. 2d 455 (Fla. 4th DCA 1996). The state concedes that such attachments should have been made. We reverse and remand for the trial court to attach the portions of the record refuting the claim pursuant to our ruling in Ford.

FARMER, TAYLOR and HAZOURI, JJ., concur.


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  • Martone v. State, 922 So. 2d 404 (Fla. 4th DCA 2006)
    …pellant’s Florida Rule of Criminal procedure 3.800(a) motion. The trial court failed to attach portions of the record conclusively refuting appellant’s legally sufficient claim. Goldbach v. State, 906 So. 2d 349 (Fla. 4th DCA 2005); Torres v. State, 830 So. 2d 917 (Fla. 4th DCA 2002); Johnson v. State, 665 So. 2d 380 (Fla. 4th DCA 1996); Thomas v. State, 667 So. 2d 440 (Fla. 4th DCA 1996). The state’s attempt to provide such record evidence for the first time in this appeal is improper. Cuevas v. State, 907…

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