Florida District Courts of Appeal, 2005

Todd v. State

Florida District Courts of Appeal · Decided May 20, 2005 · Peterson, Sharp, Torpy

901 So. 2d 425; 2005 Fla. App. LEXIS 7541; 2005 WL 1186316 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Vasquez v. State (Fla. Dist. Ct. App. 2005)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We reverse the lower court’s order that denied Appellant’s motion under Florida Rule of Criminal Procedure 3.800(a). As the State concedes, the order is deficient because it fails to attach portions of the record that refute the claim. Accordingly, we remand this cause to the trial court for the purpose of either granting the relief requested, or attaching portions of the record which refute Appellant’s claim for relief. See, e.g., Washington v. State, 890 So.2d 1276 (Fla. 5th DCA 2005).

REVERSED and REMANDED.

SHARP, W., PETERSON and TORPY, JJ., concur.

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