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Williams v. State

District Court of Appeal of Florida, Second District
Jul 2, 2003
848 So. 2d 432 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 2D02-5562.

Opinion filed July 2, 2003.

Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pinellas County; Brandt C. Downey, Judge.


Willie Williams appeals the order summarily denying his second amended petition for a writ of habeas corpus for immediate emergency release. The clerk of the circuit court has been unable to locate the petition, and neither the State nor Williams responded to our request that they supplement the record with a copy of the petition if they had one in their possession. This court cannot properly review the order being appealed without a copy of the petition that is the subject of that order. Accordingly, we reverse the order and permit Williams thirty days from the date of the mandate in this case within which to file another postconviction motion raising the same grounds set forth in his second amended petition.

Reversed and remanded.

ALTENBERND, C.J., and STRINGER, J., Concur.


Summaries of

Williams v. State

District Court of Appeal of Florida, Second District
Jul 2, 2003
848 So. 2d 432 (Fla. Dist. Ct. App. 2003)
Case details for

Williams v. State

Case Details

Full title:WILLIE S. WILLIAMS, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Jul 2, 2003

Citations

848 So. 2d 432 (Fla. Dist. Ct. App. 2003)