Core v. State

Full title: MACK CORE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Jan 2, 1997

685 So. 2d 91 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-2754

Opinion filed January 2, 1997

Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Edward A. Garrison, Judge; L.T. Case No. 92-6649 CFA02.

Mack Core, Perry, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Appellant's post-conviction motion was denied without evidentiary hearing or identification of evidence in the record that refuted his claims. The state has attempted to cure the record deficiency on appeal by supplying this court with documentation to support the decision below. This is insufficient to cure the error. Wheeler v. State, 634 So.2d 213 (Fla. 4th DCA 1994); Jackson v. State, 602 So.2d 696 (Fla. 4th DCA 1992).

We reverse as to the issue of the public defender's disqualification and remand for an evidentiary hearing or for record attachments refuting appellant's claim that the office had a conflict caused by its previous representation of a state witness. We affirm the denial of relief on all remaining issues.

GLICKSTEIN, KLEIN and SHAHOOD, JJ., concur.