Torres v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2007 LUIS TORRES, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D07-658 [September 12, 2007] 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. * * * 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. Luis Torres, Indiantown, pro se. Bill McCollum, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing

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