From Casetext: Smarter Legal Research

Todd v. State

District Court of Appeal of Florida, Fifth District
May 20, 2005
901 So. 2d 425 (Fla. Dist. Ct. App. 2005)

Opinion

No. 5D05-775.

May 20, 2005.

3.800 Appeal from the Circuit Court for Volusia County, R. Michael Hutcheson, Judge.

Ramon H. Todd, Cocoa, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Douglas t. Squire, Assistant Attorney General, Daytona Beach, for Appellee.


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.


Summaries of

Todd v. State

District Court of Appeal of Florida, Fifth District
May 20, 2005
901 So. 2d 425 (Fla. Dist. Ct. App. 2005)
Case details for

Todd v. State

Case Details

Full title:Ramon H. TODD, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: May 20, 2005

Citations

901 So. 2d 425 (Fla. Dist. Ct. App. 2005)