Diaz v. State

This is an appeal of an order summarily denying a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We affirm in part and reverse in part.

As part of Argument 1, defendant-appellant Diaz contends that his sentence exceeds the legal maximum on counts four, five, eight, and ten through thirteen. See Fla. R.Crim. P. 3.850(a)(4). The trial court’s order denied the motion and directed that the posteonviction record include the State’s Amended Response with all attachments. However, those documents were not transmitted to this court, and the State has been unable to…