Brooks v. State

Errol D. Brooks challenges the trial court’s order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). This court is unable to review the trial court’s denial of the motion because Brooks’ motion is not included in the record on appeal, and the clerk of the circuit court can find no record of Brooks’ motion.1

Because we cannot review the matter without an adequate record, we affirm the trial court’s order. Since the lack of an adequate record is due to no fault of Brooks, our affirmance is without prejudice to Brooks’ right to file a…