state cannot cure error (Florida) · Go Syfert
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state cannot cure error in Florida

6 Florida opinions name it 1 courts 2005–2009 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Bean v. Stategreen
fladistctapp · 2007 · cited in 3 Florida opinions naming this issue, 2007–2009
2 sentences

2009See, e.g., Bean v. State, 949 So.2d 1207, 1208 (Fla. 4th DCA 2007) (“In denying a legally sufficient 3.800(a) motion, the trial court’s failure to attach portions of the record refuting the defendant’s claim is reversible error, and the state cannot cure this error by providing the records to this court on appeal.”) (citation omitted).

2007See Bean v. State, 949 So.2d 1207, 1208 (Fla. 4th DCA 2007) ("In denying a legally sufficient 3.800(a) motion, the trial court's failure to attach portions of the record refuting the defendant's claim is reversible error, and the state cannot cure this error by providing the records to this court on appeal."); Langdon v. State, 947 So.2d 460, 460-61 (Fla. 3d DCA 2007) (reversing the summary denial of the defendant's rule 3.800(a) motion because the trial court "did not attach to its order portions of the transcript conclusively demonstrating that defendant waived entitled to credit for time se

23
Perez-Boza v. Stategreen
fladistctapp · 2006 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007See Bean v. State, 949 So.2d 1207, 1208 (Fla. 4th DCA 2007) ("In denying a legally sufficient 3.800(a) motion, the trial court's failure to attach portions of the record refuting the defendant's claim is reversible error, and the state cannot cure this error by providing the records to this court on appeal."); Langdon v. State, 947 So.2d 460, 460-61 (Fla. 3d DCA 2007) (reversing the summary denial of the defendant's rule 3.800(a) motion because the trial court "did not attach to its order portions of the transcript conclusively demonstrating that defendant waived entitled to credit for time se

11
Langdon v. Stategreen
fladistctapp · 2007 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007See Bean v. State, 949 So.2d 1207, 1208 (Fla. 4th DCA 2007) ("In denying a legally sufficient 3.800(a) motion, the trial court's failure to attach portions of the record refuting the defendant's claim is reversible error, and the state cannot cure this error by providing the records to this court on appeal."); Langdon v. State, 947 So.2d 460, 460-61 (Fla. 3d DCA 2007) (reversing the summary denial of the defendant's rule 3.800(a) motion because the trial court "did not attach to its order portions of the transcript conclusively demonstrating that defendant waived entitled to credit for time se

11
Frederick v. Stategreen
fladistctapp · 2005 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006See, e.g., Bennett v. State, 904 So.2d 447, 447 (Fla. 4th DCA 2005) ("In denying a legally sufficient 3.800(a) motion, the trial court's failure to attach portions of the record refuting the defendant's claim is reversible error, and the State cannot cure this error by providing the records to this court on appeal."); Frederick v. State, 899 So.2d 1281, 1281 (Fla. 5th DCA 2005) ("As the State correctly observes, while the trial court's denial of Frederick's claim may be proper, the trial court did not attach portions of the record establishing that Frederick is not entitled to relief.

11
Thomas v. Stategreen
fladistctapp · 2003 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006Consequently, we remand this case to the trial court for attachment of portions of the record that conclusively refute Frederick's claim."); Thomas v. State, 854 So.2d 743, 743-44 (Fla. 5th DCA 2003) ("Once a prima facie claim is asserted that the record shows an entitlement to jail time credit, the burden is on the trial court to attach portions of the record to refute the claim.

11
Bennett v. Stategreen
fladistctapp · 2005 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006See, e.g., Bennett v. State, 904 So.2d 447, 447 (Fla. 4th DCA 2005) ("In denying a legally sufficient 3.800(a) motion, the trial court's failure to attach portions of the record refuting the defendant's claim is reversible error, and the State cannot cure this error by providing the records to this court on appeal."); Frederick v. State, 899 So.2d 1281, 1281 (Fla. 5th DCA 2005) ("As the State correctly observes, while the trial court's denial of Frederick's claim may be proper, the trial court did not attach portions of the record establishing that Frederick is not entitled to relief.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Collins v. State green
fladistctapp · 2002
2 sentences

2007In denying a legally sufficient 3.800(a) motion, the trial court's failure to attach portions of the record refuting the defendant's claim is reversible error, and the state cannot cure this error by providing the records to this court on appeal. *1209 Collins v. State, 805 So.2d 73 (Fla. 4th DCA 2002).

2005Collins v. State, 805 So.2d 73 (Fla. 4th DCA 2002); see also Fla. R.App.

22005–2007

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