holding that "files and records" for purposes of rule 3.850 includes only documents in "the official court record"
How later courts described this case
- holding that "files and records" for purposes of rule 3.850 includes only documents in "the official court record"
Written by the judges who cited it.
The opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
KEN PATRICK BROWN,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 2D2024-2420
July 18, 2025
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for
Pinellas County; Keith Meyer, Judge.
PER CURIAM.
Ken Patrick Brown appeals from the order granting in part his
motion filed under Florida Rule of Criminal Procedure 3.801. The
postconviction court's well-reasoned order is supported by the
documents that it attached, but from the postconviction record on appeal
it is not clear that the attached document titled "Custody Status
Information" was part of the official court record in Mr. Brown's case.
See Fla. R. Crim. P. 3.801(e) (incorporating rule 3.850(e), (f), (j), (k), and
(n)); Fla. R. Crim. P. 3.850(f)(5) (permitting a postconviction court to
summarily deny a motion "by reliance upon the records in the case"); Fla.
R. Crim. P. 3.850(f)(4) (defining the "records in the case" as "the
documents and exhibits previously filed in the case and those portions of
the other proceedings in the case that can be transcribed"); Cintron v.
State, 504 So. 2d 795, 796 (Fla. 2d DCA 1987) (holding that "files and
records" for purposes of rule 3.850 includes only documents in "the
official court record"). Accordingly, we reverse and remand for further
proceedings.
Reversed and remanded.
VILLANTI, ATKINSON, and SMITH, JJ., Concur.
Opinion subject to revision prior to official publication.
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