LOPEZ V. STATE

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Third District Court of Appeal State of Florida, January Term, A.D. 2011 Opinion filed April 13, 2011. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D11-450 Lower Tribunal No. 08-119 ________________ Dam Lopez, Appellant, vs. The State of Florida, Appellee. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Monroe County, Ruth Becker, Acting Circuit Court Judge. Dam Lopez, in proper person. Pamela Jo Bondi, Attorney General, for appellee. Before WELLS, CORTIÃ AS, and EMAS, JJ. WELLS, Judge. Dam Lopez appeals an order denying his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.800. We affirm without prejudice to the filing of an amended motion properly attaching the sentencing transcripts. See Williams v. State, 957 So. 2d 600, 604 (Fla. 2007) ( [T]he burden remains with the petitioner to demonstrate an entitlement to relief on the face of the record. If the sentencing transcript is neither in the file nor attached to the motion, the motion should be denied without prejudice to the filing of an amended motion properly attaching the sentencing transcript. ). 2

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