From Casetext: Smarter Legal Research

Brown v. State

District Court of Appeal of Florida, Second District
Jun 27, 2001
790 So. 2d 1133 (Fla. Dist. Ct. App. 2001)

Opinion

Case No. 2D01-1824.

Opinion filed June 27, 2001.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Lee County; Thomas S. Reese, Judge.


Mark S. Brown challenges the trial court's order dismissing his petition for writ of error coram nobis, which the trial court treated as a motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court dismissed Brown's motion on several grounds; however, this court is unable to review the matter because Brown's motion is not included in the record on appeal, and the clerk of the circuit court can find no record of Brown's motion being filed.

The trial court's order very specifically states that it is considering Brown's petition entitled "Error Corum Nobis" [sic] filed on February 5, 2001. The trial court's order states that a copy of Brown's motion is attached and incorporated into the order, but no such attachment is included in the record. Because of the specificity of the trial court's order, this court does not question whether Brown actually filed a motion with the trial court on this date.

Because we cannot review the matter without an adequate record, we affirm the trial court's order. However, because the lack of an adequate record is due to no fault of Brown, our affirmance is without prejudice to Brown's right to file a renewed motion pursuant to rule 3.850 raising the same grounds within thirty days from the date mandate issues. Such motion shall not be considered successive.

Affirmed.

PARKER, A.C.J., and WHATLEY and NORTHCUTT, JJ., Concur.


Summaries of

Brown v. State

District Court of Appeal of Florida, Second District
Jun 27, 2001
790 So. 2d 1133 (Fla. Dist. Ct. App. 2001)
Case details for

Brown v. State

Case Details

Full title:MARK S. BROWN, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Jun 27, 2001

Citations

790 So. 2d 1133 (Fla. Dist. Ct. App. 2001)

Citing Cases

McMillan v. State

Because we cannot review the matter without an adequate record, we affirm the postconviction court's order.…

Brown v. State

On appeal of that dismissal, this court affirmed with an opinion which indicated that Brown could seek a…