Legal Opinion

Morris v. State

District Court of Appeal of Florida

Decided March 8, 1978No. 76-1454Published

1Opinion of the Court

RYDER, Judge.

Appellant’s sole assignment of error is that the trial court erred in denying his motion for a new trial. However, he has failed to provide this court with a transcript of the hearing on that motion. Consequently, since we must presume that a trial court’s order is correct unless the record otherwise demonstrates, we affirm appellant’s conviction. Abascal v. State, 345 So.2d 397 (Fla. 3d DCA 1977); Savage v. State, 156 So.2d 566 (Fla. 1st DCA 1963).

BOARDMAN, C. J., and DANAHY, J., concur.

2Cases cited2 opinions

  1. Savage v. StateDistrict Court of Appeal of Florida · 1963
  2. Abascal v. StateDistrict Court of Appeal of Florida · 1977