DONTAVION KING
v.
STATE OF FLORIDA
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A postconviction relief motion that is not contained in the appellate record and cannot be located by the trial court, clerk, or State must be reversed and remanded to permit re-filing.
[1] When a postconviction relief motion is not contained in the appellate record and cannot be located by the trial court, clerk, or State, the appellate court must reverse a…
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Join FLexlaw to unlock all legal intelligenceDontavion King filed a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The motion could not be located in the record …
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
DONTAVION KING,
Appellant,
v. Case No. 5D18-1715
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed December 21, 2018
3.850 Appeal from the Circuit Court for Orange County, Marc L. Lubet, Judge.
Dontavion King, Century, pro se.
Pamela Jo Bondi, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
The motion for postconviction relief under review is not contained within the record and cannot be located by the lower court, the lower court clerk or the State. Accordingly, this cause is reversed and remanded with directions that Appellant be permitted to re-file an amended motion within thirty days after the mandate issues, upon which the trial court shall render a ruling. See Peraza v. State, 920 So. 2d 188 (Fla. 2d DCA 2006).
2
REVERSED AND REMANDED.
ORFINGER, TORPY and BERGER, JJ., concur.