Torres v. State

LUIS TORRES, Appellant, v. STATE OF FLORIDA, Appellee.

No. 4D07-658

COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT

September 12, 2007, DecidedNOTICE:

NOT FINAL UNTIL DISPOSITION OF TIMELY FILED MOTION FOR REHEARING

PRIOR HISTORY: [*1]

Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Edward A. Garrison, Judge; L.T. Case Nos. 02-7573 CFA02 & 02-11680 CFA02.

COUNSEL: Luis Torres, Indiantown, Pro se.

Bill McCollum, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

JUDGES: WARNER, POLEN and TAYLOR, JJ., concur.

OPINION

PER CURIAM.

Luis Torres appeals from an order that summarily denied his rule 3.800(a) motion. The circuit court did not attach any records to refute Torres’s claims. We reverse and remand with respect to Torres’s claim of illegal sentence associated with L.T. 02-11680. See Bean v. State, 949 So. 2d 1207 (Fla. 4th DCA 2007). The state cannot cure this error by providing the records to this court on appeal. Id. at 1209.

WARNER, POLEN and TAYLOR, JJ., concur.

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