McCray v. State, 633 So. 2d 561

Eldridge A. McCray, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Patricia Ann Ash, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We reverse the trial court‘s summary denial of appellant‘s motion to correct his illegal sentence made pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. The order of summary denial should have contained those portions of the record necessary to support the trial court‘s order. The state‘s supplementation of the order with portions of the record is insufficient to support the trial court‘s summary denial. See Kendall v. State, 619 So. 2d 515 (Fla. 4th DCA 1993) and McGrady v. State, 591 So. 2d 270 (Fla. 4th DCA 1991).

Accordingly, we remand to the trial court with instructions to attach those portions of the record supporting its order.

REVERSED AND REMANDED.

DELL, C.J., and GUNTHER and KLEIN, JJ., concur.

Case Details

Case Name: McCray v. State

Court Name: District Court of Appeal of Florida

Date Published: Mar 16, 1994

Citations: 633 So. 2d 561; 1994 WL 81786; 93-3219

Docket Number: 93-3219

Court Abbreviation: Fla. Dist. Ct. App.