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McGrady v. State

District Court of Appeal of Florida, Fourth District
Oct 9, 1991
591 So. 2d 270 (Fla. Dist. Ct. App. 1991)

Opinion

No. 91-1377.

October 9, 1991.

Appeal of order denying rule 3.850 motion from the Circuit Court for Palm Beach County; Hubert R. Lindsey, Judge.

John McGrady, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee and Joseph A. Tringali, Asst. Atty. Gen., West Palm Beach, for appellee.


We reverse and remand for attachment to the order of denial of post-conviction relief those portions of the record relied on by the trial court for the summary denial. The rule requires their attachment, and our summary review procedures under Rule 9.140(g) depend on their inclusion. The supplementation of the order by one party in an appendix of portions of the record to a brief is insufficient to comply with the rules where the trial court summarily denied relief without a hearing.

Reversed and remanded.

STONE, WARNER and POLEN, JJ., concur.


Summaries of

McGrady v. State

District Court of Appeal of Florida, Fourth District
Oct 9, 1991
591 So. 2d 270 (Fla. Dist. Ct. App. 1991)
Case details for

McGrady v. State

Case Details

Full title:JOHN McGRADY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Oct 9, 1991

Citations

591 So. 2d 270 (Fla. Dist. Ct. App. 1991)

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