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Cohen v. State

District Court of Appeal of Florida, Fourth District
May 16, 2001
785 So. 2d 695 (Fla. Dist. Ct. App. 2001)

Opinion

No. 4D00-4542.

Opinion filed May 16, 2001.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Susan Lebow, Judge; L.T. Case Nos. 94-6578 CF10, 96-12463 CF10B, 96-13497 CF10, 96-21473 CF10, 96-22799 CF10B, and 97-2297 CF10.

Maurice Cohen, Wewahitchka, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Melanie A. Dale, Assistant Attorney General, West Palm Beach, for appellee.


Maurice Cohen appeals the October 27, 2000 summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for a new proceeding.

Neither Cohen's 3.850 motion nor the State's response can be located. As a result, the State concedes that, under these circumstances, this case should be remanded.

Since the record before this court is insufficient to permit meaningful appellate review, we reverse the trial court's order and remand for a new proceeding. Accordingly, we direct Cohen to refile his motion for postconviction relief within 45 days and the trial court to expedite the disposition of his motion. See Blasco v. State, 680 So.2d 1052 (Fla. 3d DCA 1996), rev. denied, 689 So.2d 1072 (Fla. 1997).

Gunther, Stone and Stevenson, JJ., Concur.


Summaries of

Cohen v. State

District Court of Appeal of Florida, Fourth District
May 16, 2001
785 So. 2d 695 (Fla. Dist. Ct. App. 2001)
Case details for

Cohen v. State

Case Details

Full title:MAURICE COHEN, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: May 16, 2001

Citations

785 So. 2d 695 (Fla. Dist. Ct. App. 2001)