final until disposition of any timely and authorized motion
under Fla. R. App. P. 9.330 or 9.331.
appeal from the Circuit Court for Duval County. Bruce
Thomas, Public Defender, and Danielle Jorden, Assistant
Public Defender, Tallahassee, for Appellant.
Moody, Attorney General, and Tabitha Herrera, Assistant
Attorney General, Tallahassee, for Appellee.
Motion to Supplement the Record
Partlow moved to supplement the record on appeal with
documents not included in the postconviction appeal record.
We directed Partlow to address whether the requested
supplementation was permitted by the rules of procedure.
Partlow responded, requesting the motion to supplement be
withdrawn. We grant this motion to withdraw. Appellant's
initial brief shall be filed twenty days from the date of
Winokur, J., concurring specially.
Partlow has asked us to withdraw his motion to supplement the
record, it should be noted that he did so because he
acknowledged in his response that case law applying the rules
of appellate procedure does not permit the requested
supplementation. I agree that we should grant the motion to
withdraw. However, we requested the additional response
because the issue here arises regularly in this Court.
Because of Partlow's candid acknowledgment that the rules
do not permit the requested supplementation, as well the need
for guidance on this issue, I believe we should clarify what
an appellate record for a summarily-denied postconviction
motion may contain.
was convicted of first-degree murder and robbery with a
deadly weapon for crimes he committed as a juvenile and was
sentenced to mandatory life without parole (Count I) to run
consecutively with 45 years (Count II). Based on the Supreme
Court's holding that "mandatory life-without-parole
sentences for juveniles violate the Eighth Amendment,"
Miller v. Alabama, 567 U.S. 460, 470 (2012), we
reversed the sentence imposed on Count I for resentencing.
Partlow v. State, 134 So.3d 1027 (Fla. 1st DCA
filed a "Motion to Correct Sentence on Count II,"
under Florida Rule of Criminal Procedure 3.850. Partlow
argued that a then-recent decision by the Fifth District
required resentencing on both Counts I and II. Purdy v.
State, 268 So.3d 813 (Fla. 5th DCA 2017). The
postconviction court denied the motion without an evidentiary
hearing, finding that the supreme court had since quashed the
Fifth District's decision. State v. Purdy, 252
So.3d 723, 728 (Fla. 2018); see also Warthen v.
State, 265 So.3d 695, 697 (Fla. 4th DCA 2019). Partlow
appealed the order denying his motion.
filed a motion to supplement the record with an order setting
a hearing and appointing counsel and transcripts of three
status hearings. The order was filed, and all hearings
occurred, before Partlow filed his postconviction motion, but
he did not attach these documents to support his claim. On
appeal, he asserts that supplementation was needed because
"[r]elevant factors include the appointment of counsel,
any concessions made by the state regarding that matter, and
any resentencing hearings held to date."
Rule of Appellate Procedure 9.141(b) governs appeals from
certain postconviction proceedings and specifies what