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785 So. 2d 695

Cohen v. State

District Court of Appeal of Florida · decided 2001-05-16

Relies on 689 So. 2d 1066 - State v. Hunter · Blasco v. State

Decided 2001-05-16

PER CURIAM.

¶1Maurice Cohen appeals the October 27, 2000 summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for a new proceeding.

¶2Neither Cohen’s 3.850 motion nor the State’s response can be located. As a result, the State concedes that, under these circumstances, this case should be remanded.

¶3Since the record before this court is insufficient to permit meaningful appellate review, we reverse the trial court’s order and remand for a new proceeding. Accordingly, we direct Cohen to refile his motion for postconviction relief within 45 days and the trial court to expedite the disposition of his motion. See Blasco v. State, 680 So.2d 1052 (Fla. 3d DCA 1996), rev. denied, 689 So.2d 1072 (Fla.1997).

GUNTHER, STONE and STEVENSON, JJ., concur.
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