DERRICK WORTHINGTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
W. SHARP, Judge.
Appellant seeks review of the summary denial of his Florida Rule of Criminal Procedure 3.800(a) motion for jail time credit. The trial court failed to attach portions of the record to the appealed order demonstrating the defendant is entitled to no relief. Hall v. State. 659 So. 2d 491 (Fla. 5th DCA 1995). The state’s attempt to provide such documentation to this court by supplemental record does not cure the defect. Smothers v. State, 555 So. 2d 452 (Fla. 5th DCA 1990); Saunders v. State, 661 So. 2d 134 (Fla. 4th DCA 1995); Foley v. State, 657 So. 2d 929 (Fla. 4th DCA 1995). We reverse and remand with instructions to the lower court either to attach copies of the pertinent record, or if necessary, to conduct a hearing.
REVERSED and REMANDED.
COBB and GOSHORN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Antoine L. McBRIDE v. State, 810 So. 2d 1019 (Fla. 5th DCA 2002)…to cure this defect by including copies of the prior motion and order with its response. This did not cure the defect, however, because it is the duty of the trial court, not the state, to supply the necessary attachments. See Worthington v. State, 667 So. 2d 1023 (Fla. 5th DCA 1996) (holding that the trial court's denial of a rule 3.800(a) motion must be reversed when no record portions were attached and that the state’s attempt to provide the missing documentation by supplementing the record in the appellat…
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Webb v. State, 757 So. 2d 608 (Fla. 5th DCA 2000)…gument. However, the trial court did not attach the entire closing argument and the court’s failure to do so cannot be cured by the state. See Core v. State, 685 So. 2d 91 (Fla. 4th DCA), rev. denied, 695 So. 2d 699 (Fla.1997); Worthington v. State, 667 So. 2d 1023 (Fla. 5th DCA 1996). It appears from the portions of the closing arguments attached by the trial court that the prosecutor repeated several times that the victim was telling the truth. That could be highly prejudicial because the proof against Web…
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Petscher v. State, 936 So. 2d 639 (Fla. 5th DCA 2006)…f the record to refute the claim. The state’s attempt to provide such documentation to this court in response to this court’s order to show cause does not cure the defect.”); Collins v. State, 805 So. 2d 73 (Fla. 4th DCA 2002); Worthington v. State, 667 So. 2d 1023 (Fla. 5th DCA 1996) (same). Accordingly, I think the appropriate disposition is to reverse the trial court’s order [*643] and remand this case for further proceedings in accordance with Brown and the other precedent discussed above. The concurring…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mickey L. Saunders v. State, 661 So. 2d 134 (Fla. 4th DCA 1995)
- Smothers v. State, 555 So. 2d 452 (Fla. 5th DCA 1990)
- Elliott R. Subervi v. Hon. Jeffords D. Miller, 555 So. 2d 452 (Fla. 5th DCA 1990)
- Hall v. State, 659 So. 2d 491 (Fla. 5th DCA 1995)
- Foley v. State, 657 So. 2d 929 (Fla. 4th DCA 1995)