Livingston v. State

WHATLEY, Judge.

Penny Gail Livingston appeals the order summarily denying her motion for postcon-viction relief. We reverse because the postconviction court failed to comply with Florida Rule of Criminal Procedure 3.850(d).

In the order summarily denying her motion, the postconviction court began by stating, “In the event Defendant appeals this order, the Clerk of Court is directed to forward the record to the Second District Court of Appeal.” The clerk did not forward the record to this court. Even if it had, “Florida Rule of Criminal Pi'oce-dure 3.850(d) is not satisfied by merely attaching…