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Peraza v. State

District Court of Appeal of Florida, Second District
Feb 10, 2006
920 So. 2d 188 (Fla. Dist. Ct. App. 2006)

Opinion

No. 2D05-4284.

February 10, 2006.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Ronald N. Ficarrotta, Judge.


Margarita Peraza appeals the summary denial of her motion to correct illegal sentence. The clerk of the circuit court has been unable to locate the motion. Our record consists of an order denying the motion, case progress reports, judgments and sentences entered in three trial court cases, and a transcript from a February 10, 2003, hearing. We requested a response from the State in the hope that it could assist the clerk in locating an accurate copy of the missing motion, but our record remains inadequate to permit review. Accordingly, we reverse the order on appeal, and we permit Ms. Peraza to file another motion to correct illegal sentence raising any issue that she alleged in the missing motion. See Heflin v. State, 655 So.2d 1183 (Fla. 2d DCA 1995).

Reversed and remanded.

ALTENBERND, CASANUEVA, and WALLACE, JJ., Concur.


Summaries of

Peraza v. State

District Court of Appeal of Florida, Second District
Feb 10, 2006
920 So. 2d 188 (Fla. Dist. Ct. App. 2006)
Case details for

Peraza v. State

Case Details

Full title:Margarita PERAZA, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Feb 10, 2006

Citations

920 So. 2d 188 (Fla. Dist. Ct. App. 2006)

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