Florida District Courts of Appeal, 1999

Whitehurst v. State

Whitehurst v. State
Florida District Courts of Appeal · Decided October 27, 1999 · Blue, Casanueva, Parker
744 So. 2d 1132; 1999 Fla. App. LEXIS 14160; 1999 WL 973635 (Southern Reporter, Second Series)

Whitehurst v. State

Opinion of the Court

PER CURIAM.

Anthony Whitehurst appeals the summary denial of his motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The order denying Whitehurst’s motion is reversed and remanded for further proceedings because the record before this court does not contain a copy of the motion, which was misplaced at the trial level. See Weeks v. State, 728 So.2d 323 (Fla. 2d DCA 1999). On remand, Whitehurst has sixty days in which to file an identical motion with the trial court.

Reversed and remanded.

PARKER, A.C.J., and BLUE and CASANUEVA, JJ., Concur.

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