Narrative Opinion Summary
Robert Allen Pugh, Jr. appeals the summary denial of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The appellate court found the record incomplete as Pugh's motion was not transmitted for review, leading to a certificate of nonexistence being filed by the clerk. Despite efforts to locate the missing motion, it was not found, preventing the court from adequately reviewing the case. Consequently, the court affirms the trial court's order but allows Pugh the opportunity to file a new motion addressing the same issues. The decision is affirmed, with concurrence from Judge Altenbernd and Judge Northcutt.
Legal Issues Addressed
Appellate Procedure for Missing Recordssubscribe to see similar legal issues
Application: Despite attempts to locate the missing motion, the court was unable to find it, which impeded the appellate review process.
Reasoning: Despite efforts to locate the missing motion, it was not found, preventing the court from adequately reviewing the case.
Incomplete Record in Appellate Reviewsubscribe to see similar legal issues
Application: The appellate court was unable to fully review the case due to the non-transmission of Pugh's motion, leading to a certificate of nonexistence.
Reasoning: The appellate court found the record incomplete as Pugh's motion was not transmitted for review, leading to a certificate of nonexistence being filed by the clerk.
Right to File a New Motionsubscribe to see similar legal issues
Application: The court affirmed the trial court's order but permitted Pugh to file a new motion addressing the same issues, ensuring his right to seek correction of the alleged illegal sentence.
Reasoning: Consequently, the court affirms the trial court's order but allows Pugh the opportunity to file a new motion addressing the same issues.
Summary Denial of Motion to Correct Illegal Sentencesubscribe to see similar legal issues
Application: The appellate court reviewed the summary denial of Pugh's motion under Florida Rule of Criminal Procedure 3.800(a) but faced challenges due to the incomplete record.
Reasoning: Robert Allen Pugh, Jr. appeals the summary denial of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a).