Wheeler v. State, 634 So. 2d 213

PER CURIAM.

This is an appeal from a summary denial of a motion for post-conviction relief pursuant to criminal procedure rule 3.850. Appellant was convicted of multiple counts of theft arising out of his failure to pay state sales tax collected in the operation of a petroleum business.

We reverse as to two of the multiple issues raised and remand for an evidentiary hearing or for record attachments refuting Appellant‘s claim that the state withheld information of “secret” audits and the related claim that counsel was ineffective by failing to discover the audits.

We recognize that the state has attempted to cure the record deficiency by supplying information to this court in an appendix.¹ However, this is insufficient to cure the lack of support for the court‘s order. See Jackson v. State, 602 So.2d 696 (Fla. 4th DCA 1992); McGrady v. State, 591 So.2d 270 (Fla. 4th DCA 1991).

STONE, WARNER and POLEN, JJ., concur.

Notes

1

It does not appear that the state filed a response in the trial court.

Case Details

Case Name: Wheeler v. State

Court Name: District Court of Appeal of Florida

Date Published: Mar 23, 1994

Citations: 634 So. 2d 213; 1994 WL 90387; 93-2827

Docket Number: 93-2827

Court Abbreviation: Fla. Dist. Ct. App.