McMillan v. State

Phillip J. McMillan appeals the postcon-viction court’s order summarily denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Mr. McMillan’s motion is not included in the record on appeal, and the clerk of the circuit court cannot locate it. 1 Moreover, in response to an order from this court, both the assistant state attorney and Mr. McMillan have indicated that they do not have a copy of the motion in their possession. As a result, the appellate record is incomplete. See Pugh v. State, 793 So.2d 116, 116 (Fla. 2d DCA 2001) (involving…