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.
ON 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withdrawn.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. Appellants
initial brief shall be filed twenty days from the date of
C.J., concurs; Bilbrey and Winokur, JJ., both concur
specially with written opinions.
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 Partlows 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.
Partlow 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
Courts holding that "mandatory life-without-parole
sentences for juveniles violate the Eighth Amendment,"
Miller v. Alabama, 567 U.S. 460, 470, 132 S.Ct.
2455, 183 L.Ed.2d 407 (2012), we reversed the sentence
imposed on Count I for resentencing. Partlow v.
State, 134 So.3d 1027 (Fla. 1st DCA 2013).
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 Districts 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.
Partlow 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
documents may be included in the record:
When a motion for postconviction relief under rules 3.800(a),
3.801, 3.802, 3.850, or 3.853 is granted or denied without an
evidentiary hearing, the clerk of the lower tribunal shall
electronically transmit to the court, as the record,
the motion, response, reply, order on the motion, motion for
rehearing, response, reply, order on the motion for
rehearing, and ...