From Casetext: Smarter Legal Research

Cuevas v. State

District Court of Appeal of Florida, Fourth District
Jul 27, 2005
907 So. 2d 655 (Fla. Dist. Ct. App. 2005)

Opinion

No. 4D05-1921.

July 27, 2005.

Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael G. Kaplan, Judge; L.T. Case No. 99-10543 CF10A.

Guibel Cuevas, Belle Glade, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Mark J. Hamel, Assistant Attorney General, West Palm Beach, for appellee.


Guibel Cuevas seeks review of the summary denial of his Florida Rule of Criminal Procedure 3.800(a) motion. We reverse and remand as the trial court failed to attach portions of the record to the appealed order demonstrating the defendant is entitled to no relief. The state's attempt to provide such documentation to this court with its response does not cure the defect. Saunders v. State, 661 So.2d 134 (Fla. 4th DCA 1995).

STONE, POLEN and GROSS, JJ., concur.


Summaries of

Cuevas v. State

District Court of Appeal of Florida, Fourth District
Jul 27, 2005
907 So. 2d 655 (Fla. Dist. Ct. App. 2005)
Case details for

Cuevas v. State

Case Details

Full title:Guibel CUEVAS, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 27, 2005

Citations

907 So. 2d 655 (Fla. Dist. Ct. App. 2005)

Citing Cases

Martone v. State

The state's attempt to provide such record evidence for the first time in this appeal is improper. Cuevas v.…