King v. State, 261 So. 3d 744 (2018)

Dec. 21, 2018 · District Court of Appeal of Florida, Fifth District · Case No. 5D18-1715

261 So. 3d 744

Dontavion KING, Appellant,
v.
STATE of Florida, Appellee.

Case No. 5D18-1715

District Court of Appeal of Florida, Fifth District.

Opinion filed December 21, 2018

Dontavion King, Century, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

The motion for postconviction relief under review is not contained within the record and cannot be located by the lower court, the lower court clerk or the State. Accordingly, this cause is reversed and remanded with directions that Appellant be permitted to re-file an amended motion within thirty days after the mandate issues, upon which the trial court shall render a ruling. See Peraza v. State , 920 So.2d 188 (Fla. 2d DCA 2006).

REVERSED AND REMANDED.

ORFINGER, TORPY and BERGER, JJ., concur.