JOSE VEGA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the state improperly supplemented the appellate record and that the defendant's motion should be remanded for either attachment of record portions or an evidentiary hearing.
Jose Vega appealed an order summarily denying his motion for postconviction relief, specifically alleging ineffective assistance of counsel. The state…
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Jose Vega (Defendant) appeals an order summarily denying his rule 3.850 motion for postconviction relief. We affirm in part and reverse in part.
The state attached, to its response to this court, portions of the record to refute the tenth and eleventh grounds, which were the subject of this court’s order to show cause: that counsel was ineffective in conceding Vega’s guilt to the jury without his approval. However, the state may not supplement the record on appeal by filing the relevant portions of the record directly with this court. Runge v. State, 24 So.3d 768, 769 (Fla. 4th DCA 2009) (citing Hastings v. State, 670 So.2d 1176, 1177 (Fla. 4th DCA 1996)).
Accordingly, the order is reversed in part and remanded either for attachment of portions of the record refuting the claim *966or for an evidentiary hearing. In all other respects, we affirm.
Affirmed in part; Reversed in part and Remanded for fiirther proceedings.
STEVENSON, CIKLIN and CONNER, JJ., concur.
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Citator
Cited By
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Ceyron Pascoe v. State, 225 So. 3d 344 (Fla. 4th DCA 2017)…to credit. Shea v. State, 97 So. 3d 861, 862 (Fla. 4th DCA 2012) (recognizing that this practice is improper). While the State furnishes the sentencing documents to this Court, it is not permitted to supplement the record on appeal. Vega v. State, 110 So. 3d 965 (Fla. 4th DCA 2013); Runge v. State, 24 So. 3d 768, 769 (Fla. 4th DCA 2009). Consequently, we reverse and remand. Should the trial court summarily deny this claim again, it must attach record documents conclusively demonstrating that appellant recei…
Authorities Cited
- Stanley Marsh & Sons, Inc. v. Niagara Distribs., Inc., 670 So. 2d 1176 (Fla. 4th DCA 1996)
- Hastings v. State, 670 So. 2d 1176 (Fla. 4th DCA 1996)
- Runge v. State, 24 So. 3d 768 (Fla. 4th DCA 2009)