ASHLEY M. TOYE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ASHLEY M. TOYE, APPELLANT,
STATE OF FLORIDA, APPELLEE
16 So. 3d 276
Florida District Court of Appeal, Second District (2009)
Positive Treatment
Cited by 1 case
Opinion of the Court
We affirm the order dismissing as untimely Ashley M. Toye’s motion for new trial without prejudice to any right she may have to file a timely and sworn motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850.
FULMER, NORTHCUTT, and SILBERMAN, JJ., Concur.
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Citator
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Murphy v. State, 24 So. 3d 1220 (Fla. 2d DCA 2009)…rder. However, “[w]hile the postconviction court refuted [Mr. Murphy’s] allegations by citing to the transcript and sometimes quoting from it, it did not attach the portions of the record it cited, as required by rule 3.850(d).” Livingston v. State, 16 So. 3d 276, 277 (Fla. 2d DCA 2009). Accordingly, we reverse and remand for the postconviction court to attach the relevant portions of the record conclusively refuting this claim or to grant an evidentiary hearing on this ground. III. THE BRADY CLAIM Ground…