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McCray v. State

District Court of Appeal of Florida, Fourth District
Mar 16, 1994
633 So. 2d 561 (Fla. Dist. Ct. App. 1994)

Summary

holding that the state cannot cure an erroneous order by attaching portions of record to support trial court's denial

Summary of this case from Hart v. State

Opinion

No. 93-3219.

March 16, 1994.

Appeal from the Circuit Court, Broward County, Robert B. Carney, Jr., J.

Eldridge A. McCray, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Patricia Ann Ash, Asst. Atty. Gen., West Palm Beach, for appellee.


We reverse the trial court's summary denial of appellant's motion to correct his illegal sentence made pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. The order of summary denial should have contained those portions of the record necessary to support the trial court's order. The state's supplementation of the order with portions of the record is insufficient to support the trial court's summary denial. See Kendall v. State, 619 So.2d 515 (Fla. 4th DCA 1993) and McGrady v. State, 591 So.2d 270 (Fla. 4th DCA 1991).

Accordingly, we remand to the trial court with instructions to attach those portions of the record supporting its order.

REVERSED AND REMANDED.

DELL, C.J., and GUNTHER and KLEIN, JJ., concur.


Summaries of

McCray v. State

District Court of Appeal of Florida, Fourth District
Mar 16, 1994
633 So. 2d 561 (Fla. Dist. Ct. App. 1994)

holding that the state cannot cure an erroneous order by attaching portions of record to support trial court's denial

Summary of this case from Hart v. State

In McCray v. State, 633 So.2d 561 (Fla. 4th DCA 1994), this court reversed the trial court's summary denial of a rule 3.800(a) motion, stating that "[t]he order of summary denial should have contained those portions of the record necessary to support the trial court's order.

Summary of this case from Butts v. State
Case details for

McCray v. State

Case Details

Full title:ELDRIDGE A. McCRAY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 16, 1994

Citations

633 So. 2d 561 (Fla. Dist. Ct. App. 1994)

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