LIVINGSTON v. STATE

No. 2D08-3648.

16 So.3d 276 (2009)

Penny LIVINGSTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 26, 2009.


WHATLEY, Judge.

Penny Gail Livingston appeals the order summarily denying her motion for postconviction relief. We reverse because the postconviction court failed to comply with Florida Rule of Criminal Procedure 3.850(d).

In the order summarily denying her motion, the postconviction court began by stating, "In the event Defendant appeals this order, the Clerk of Court is directed to forward the record to the Second District Court of Appeal." The clerk did...

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