Opinion
No. 91-2924.
January 22, 1992.
Appeal of order denying rule 3.850 motion from the Circuit Court for Broward County; Charles M. Greene, Judge.
Rodney Riley, pro se.
Robert A. Butterworth, Atty. Gen., Tallahassee and Carol Coburn Asbury, Asst. Atty. Gen., West Palm Beach, for appellee.
Defendant Riley appeals the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The post-conviction relief motion alleged ineffectiveness of trial counsel based on trial counsel's failure to call a witness who would testify that the defendant did not commit the crime with which he was charged. The trial court order summarily denying the rule 3.850 motion for post-conviction relief failed to include the transcript of the sentencing hearing or for attachment of portions of the record showing the defendant is not entitled to relief. Taylor v. State, 583 So.2d 823 (Fla. 4th DCA 1991); Gentry v. State, 464 So.2d 659 (Fla. 4th DCA 1985).
DOWNEY, LETTS and FARMER, JJ., concur.