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Murry v. State

Florida Court of Appeal, Fourth District

January 11, 2012

Mark MURRY, Appellant,
v.
STATE of Florida, Appellee.

Appeal of order denying rule 3.800 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Stephen A. Rapp, Judge; L.T. Case No. 1998CF000747AXXXMB.

Richard L. Rosenbaum of Arnstein & Lehr, LLP, Fort Lauderdale, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Mark Murry appeals the summary denial of his Motion to Correct Illegal Sentence. See Fla. R.Crim. P. 3.800(a). The trial court, without ordering a State response and without explanation, denied his motion. The State concedes that the record does not refute Murry's claims. We remand for the trial court either to attach portions of the record which refute his claims or to grant appropriate relief. See Kelly v. State, 36 So.3d 191 (Fla. 4th DCA 2010).

Reversed and Remanded.

TAYLOR, HAZOURI and DAMOORGIAN, JJ., ...


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