Ken Patrick Brown v. State of Florida

Summary

Ken Patrick Brown appealed an order granting in part his motion under Florida Rule of Criminal Procedure 3.801. The Florida Second District Court of Appeal reversed and remanded because it was unclear from the appellate record whether a document relied upon by the postconviction court was part of the official court record.

Holdings

1. A postconviction court may summarily resolve a motion by relying on records in the case, but the relied-upon document must be part of the official court record; because the record did not establish that the attached custody-status document qualified, the order could not stand.

Questions Presented

1. Whether the postconviction court could rely on the document titled "Custody Status Information" when the appellate record did not establish that the document was part of the official court record.

Disposition

reversed_and_remanded