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PER CURIAM. We reverse the lower court’s order that denied Appellant’s motion under Florida Rule of Criminal Procedure 3.800(a). As the State concedes, the order is deficient because it fails to attach portions of the record that refute the claim. Accordingly, we remand this cause to the trial court for the purpose of either granting the relief requested, or attaching portions of the record which refute Appellant’s claim for relief. See, e.g., Washington v. State, 890 So.2d 1276 (Fla. 5th DCA 2005).
REVERSED and REMANDED.
SHARP, W., PETERSON and TORPY, JJ., concur.
Document Info
Docket Number: No. 5D05-775
Citation Numbers: 901 So. 2d 425, 2005 Fla. App. LEXIS 7541, 2005 WL 1186316
Judges: Peterson, Sharp, Torpy
Filed Date: 5/20/2005
Precedential Status: Precedential
Modified Date: 10/18/2024