Lopez v. State

Full title: Dam Lopez, Appellant, v. The State of Florida, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Apr 13, 2011

No. 3D11-450 (Fla. Dist. Ct. App. Apr. 13, 2011)

Opinion

No. 3D11-450.

Opinion filed April 13, 2011.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Monroe County, Ruth Becker, Acting Circuit Court Judge. Lower Tribunal No. 08-119.

Dam Lopez, in proper person.

Pamela Jo Bondi, Attorney General, for appellee.

Before WELLS, CORTIÑAS, and EMAS, JJ.

WELLS, Judge.Page 2

Dam Lopez appeals an order denying his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.800. We affirm without prejudice to the filing of an amended motion properly attaching the sentencing transcripts. 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.").

Not final until disposition of timely filed motion for rehearing.