Williams v. State

Full title: CHARLES HENRY WILLIAMS, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Mar 26, 1997

693 So. 2d 624 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 97-00775

Opinion filed March 26, 1997.

Appeal pursuant to Fla. R. App. P. 9.140(g) from the Circuit Court for Hillsborough County; Donald C. Evans, Judge.

PER CURIAM.

Charles Henry Williams appeals an "order denying" his motion to correct illegal sentence. We dismiss for lack of an appealable order. Although we assume that the trial judge denied Williams' motion to correct illegal sentence, we are still without an appropriate order rendered in the trial court. Florida Rule of Appellate Procedure 9.020(g) defines rendition of an order as the filing of a judge's signed written order with the clerk of the trial court. We dismiss this appeal with direction to the trial court to reconsider the motion and render an appropriate order susceptible of this court's review. If the trial court again summarily denies the motion, it must attach such portion of the record that conclusively refutes Williams' allegations.See Turner v. State, 667 So.2d 882 (Fla. 2d DCA 1996); Weems v. State, 627 So.2d 575 (Fla. 2d DCA 1993).

Appeal dismissed; remanded with directions.

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