Coleman v. State
District Court of Appeal of Florida
1Per curiam
The trial court summarily denied the defendant’s rule 3.850 motion on the ground that the claim asserted in the motion was conclusively refuted by the transcript of the defendant’s plea colloquy. However, the transcript was not attached to the order as required by rule 3.850(d). In an appeal from an order summarily denying a postconviction motion, the record consists entirely of “conformed copies of the motion, order, motion for rehearing, and order thereon, and attachments to any of the foregoing.” See Fla.R.App.P. 9.140(f). The appellate court does not have access to the full record as it…
2Cases cited1 opinion
- Cooper v. StateDistrict Court of Appeal of Florida · 1997