Smith v. State

ON MOTION TO DISMISS

This is a motion to dimiss an appeal from an order denying appellant’s motion to vacate judgment and sentence filed pursuant to the provisions of Criminal Procedure Rule One, Chapter 924, F.S.A., Appendix. The ground for dismissal is appellant’s failure to file a transcript of record in this cause as required by Florida Appellate Rule 6.9, subd. b, 1967, 32 F.S.A.

Examination of our case file does reflect the absence of a transcript of record as complained of by the State’s motion. However, there also is contained in the court file a copy of an order entered by the court…