Todd v. State

District Court of Appeal of Florida

Todd v. State

901 So. 2d 425, 2005 Fla. App. LEXIS 7541, 2005 WL 1186316

CourtDistrict Court of Appeal of Florida

DecidedMay 20, 2005

DocketNo. 5D05-775

StatusPublished

Cited by1 cases

This text of 901 So. 2d 425 (Todd v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Todd v. State, 901 So. 2d 425, 2005 Fla. App. LEXIS 7541, 2005 WL 1186316 (Fla. Ct. App. 2005).

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Opinion

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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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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901 So. 2d 425, 2005 Fla. App. LEXIS 7541, 2005 WL 1186316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/todd-v-state-fladistctapp-2005.

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