From Casetext: Smarter Legal Research

Marrugo v. State

District Court of Appeal of Florida, Third District
Apr 21, 2010
34 So. 3d 138 (Fla. Dist. Ct. App. 2010)

Opinion

No. 3D10-309.

April 21, 2010.

Appeal from the Circuit Court for Miami-Dade County, John Thornton, Judge.

Ronaldo Marrugo, in proper person.

Bill McCollum, Attorney General, for appellee.

Before SHEPHERD, ROTHENBERG, and LAGOA, JJ.


This Court hereby affirms the trial court's order denying Defendant's motion for post-conviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.800, but does so without prejudice to the filing of an amended motion properly attaching the transcript of the sentencing proceedings in this matter. See Williams v. State, 957 So.2d 600, 604 (Fla. 2007) ("[T]he burden remains with the petitioner to demonstrate an entitlement to relief on the face of the record. If the sentencing transcript is neither in the file nor attached to the motion, the motion should be denied without prejudice to the filing of an amended motion properly attaching the sentencing transcript").

Affirmed.


Summaries of

Marrugo v. State

District Court of Appeal of Florida, Third District
Apr 21, 2010
34 So. 3d 138 (Fla. Dist. Ct. App. 2010)
Case details for

Marrugo v. State

Case Details

Full title:Ronaldo MARRUGO, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Apr 21, 2010

Citations

34 So. 3d 138 (Fla. Dist. Ct. App. 2010)