THOMAS MARTONE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We reverse the order denying appellant’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 So. 2d 655 (Fla. 4th DCA 2005); Saunders v. State, 661 So. 2d 134 (Fla. 4th DCA 1995).
We remand for the trial court to attach portions of the record that conclusively refute the appellant’s claim or to grant appropriate relief.
GÚNTHER, KLEIN and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Craig v. State, 932 So. 2d 1287 (Fla. 4th DCA 2006)…verse and remand the order denying appellant’s Florida Rule of Criminal Procedure 3.800(a) motion for the attachment of portions of the record that conclusively refute the appellant’s claims or for any other appropriate relief. See Martone v. State, 922 So. 2d 404 (Fla. 4th DCA 2006). FARMER, GROSS and HAZOURI, JJ., concur.…
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Dennis v. State, 16 So. 3d 331 (Fla. 4th DCA 2009)…attempt to provide them for the first time on appeal is improper. Accordingly, we reverse and remand for the attachment of portions of the record that conclusively refute Defendant’s claim or for any other appropriate relief. See Martone v. State, 922 So. 2d 404 (Fla. 4th DCA 2006). Reversed and Remanded for further proceedings. POLEN, WARNER and DAMOORGIAN, JJ., concur.…
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Florence v. State, 963 So. 2d 927 (Fla. 4th DCA 2007)…e of Criminal Procedure 3.800(a) motion. The trial court failed to attach portions of the record that refute appellant’s claim that she is entitled to credit for time previously served in prison prior to her violation of probation. Martone v. State, 922 So. 2d 404 (Fla. 4th DCA 2006); Fla. R.App. P. 9.141(b)(2)(D). We remand for the trial court to attach portions of the record that conclusively refute the appellant’s claim or for any other appropriate relief. GUNTHER, WARNER and TAYLOR, JJ., concur.…
Authorities Cited
- Mickey L. Saunders v. State, 661 So. 2d 134 (Fla. 4th DCA 1995)
- Guibel Cuevas v. State, 907 So. 2d 655 (Fla. 4th DCA 2005)
- Cuevas v. Cuevas, 665 So. 2d 380 (Fla. 3d DCA 1996)
- Jacobo Jesus Chigin v. State, 665 So. 2d 380 (Fla. 3d DCA 1996)
- Thomas v. State, 667 So. 2d 440 (Fla. 4th DCA 1996)
- Perez v. State, 906 So. 2d 349 (Fla. 3d DCA 2005)
- City OF Hollywood v. Nickerson, 830 So. 2d 917 (Fla. 4th DCA 2002)
- Torres v. State, 830 So. 2d 917 (Fla. 4th DCA 2002)