Cuevas v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2005 GUIBEL CUEVAS, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D05-1921 July 27, 2005 PER CURIAM. Guibel Cuevas seeks review of the summary denial of his Florida Rule of Criminal Procedure 3.800(a) motion. We reverse and remand as the trial court failed to attach portions of the record to the appealed order demonstrating the defendant is entitled to no relief. The state's attempt to provide such documentation to this court with its response does not cure the defect. Saunders v. State , 661 So. 2d 134 (Fla. 4th DCA 1995). STONE, POLEN and GROSS, JJ., concur. * * * Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael G. Kaplan, Judge; L.T. Case No. 99-10543 CF10A. Guibel Cuevas, Belle Glade, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and Mark J. Hamel, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing.

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