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McGrady v. State
591 So. 2d 270
| Fla. Dist. Ct. App. | 1991
|
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591 So.2d 270 (1991)

John McGRADY, Appellant,
v.
STATE of Florida, Appellee.

No. 91-1377.

District Court of Appeal of Florida, Fourth District.

October 9, 1991.

John McGrady, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee and Joseph A. Tringali, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We reverse and remand for attachment to the order of denial of post-conviction relief those portions of the record relied on by the trial court for the summary denial. The rule requires their attachment, and our summary review procedures under Rule 9.140(g) depend on their inclusion. The supplementation of the order by one party in an appendix of portions of the record to a brief is insufficient to comply with the rules where the trial court summarily denied relief without a hearing.

Reversed and remanded.

STONE, WARNER and POLEN, JJ., concur.

Case Details

Case Name: McGrady v. State
Court Name: District Court of Appeal of Florida
Date Published: Oct 9, 1991
Citation: 591 So. 2d 270
Docket Number: 91-1377
Court Abbreviation: Fla. Dist. Ct. App.
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