Opinion
No. 76-1454.
March 8, 1978. Rehearing Denied April 3, 1978.
Appeal from the Circuit Court, Sarasota County, Lynn N. Silvertooth, J.
Jack O. Johnson, Public Defender and Paul J. Martin, Asst. Public Defender, Bartow, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.
Appellant's sole assignment of error is that the trial court erred in denying his motion for a new trial. However, he has failed to provide this court with a transcript of the hearing on that motion. Consequently, since we must presume that a trial court's order is correct unless the record otherwise demonstrates, we affirm appellant's conviction. Abascal v. State, 345 So.2d 397 (Fla. 3d DCA 1977); Savage v. State, 156 So.2d 566 (Fla. 1st DCA 1963).
BOARDMAN, C.J., and DANAHY, J., concur.