McCray v. State

Eldridge A. McCRAY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided March 16, 1994.

District Court of Appeal of Florida · decided 1994-03-16

Relies on McGrady v. State · 619 So. 2d 515 - Kendall v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1994-03-16

How this case has been cited

Cited by 9 later decisions — most recently April 2013

9 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Eldridge A. McCray, pro se.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Patricia Ann Ash, Asst. Atty. Gen., West Palm Beach, for appellee.

¶3PER CURIAM.

¶4We reverse the trial court's summary denial of appellant's motion to correct his illegal sentence made pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. The order of summary denial should have contained those portions of the record necessary to support the trial court's order. The state's supplementation of the order with portions of the record is insufficient to support the trial court's summary denial. See Kendall v. State,619 So.2d 515 (Fla. 4th DCA 1993) and McGrady v. State,591 So.2d 270 (Fla. 4th DCA 1991).

¶5Accordingly, we remand to the trial court with instructions to attach those portions of the record supporting its order.

¶6REVERSED AND REMANDED.

¶7DELL, C.J., and GUNTHER and KLEIN, JJ., concur.