MICHAEL MORROW, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Michael Morrow appealed the trial court's summary denial of his postconviction relief motion under Florida Rule of Criminal Procedure 3.850, challenging his sentence on the grounds that the scoresheet was miscalculated. The appellate court reversed and remanded because the trial court failed to attach documents establishing that Morrow was not entitled to relief, and the State conceded error.
The trial court erred by denying the motion summarily without attaching portions of the record establishing that Morrow was not entitled to relief. The proper procedure requires either granting the relief or attaching record documents supporting the denial.
“The trial court denied Mr. Morrow's motion without attaching documents establishing that Mr. Morrow is not entitled to the relief that he seeks.”
Identifies the procedural deficiency in the trial court's denial of the postconviction relief motion
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Join FLexlaw to unlock all legal intelligenceMichael Morrow filed a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850, requesting correction of his sentence un…
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PER CURIAM.
The appellant, Michael Morrow, seeks review of the trial court’s summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850.1 The trial court denied Mr. Morrow’s motion without attaching documents establishing that Mr. Morrow is not entitled to the relief that he seeks. The State concedes error on the point. See Crawford v. State, 823 So. 2d 832 (Fla. 2d DCA2002).
The order of the trial court is reversed, and this cause is remanded with instructions that the trial court either grant the relief requested or attach portions of the record that support the denial of relief. If a hearing is required, Mr. Morrow has the right to be present.
REVERSED AND REMANDED.
PALMER, C.J., SAWAYA and ORFINGER, JJ., concur. . While Mr. Morrow filed a motion under rule 3.850, he requests the court to correct his sentence under rule 3.800(a). Mr. Morrow’s claim is that the scoresheet was miscalculated and the miscalculation is apparent on the face of the court records. Nonetheless, the procedure on appeal is identical.