5D05-1687 Auguste Corona v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D05-1687

Case Date: 09/26/2005

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2005 AUGUSTE C. CORONA, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed September 30, 2005 3.850 Appeal from the Circuit Court for Osceola County, Frederick J. Lauten, Judge. Auguste C. Corona, Raiford, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D05-1687

PER CURIAM. Appellant challenges the summary denial of his motion for post-conviction relief. We affirm except as to ground 9 of Appellant's motion, which relates to Appellant's assertion that he received a vindictive sentence. As the State concedes on appeal, the trial court failed to attach portions of the transcript that conclusively negate this allegation. On remand, the court shall either attach portions of the record that

conclusively refute Appellant's claim in ground 9, or hold an evidentiary hearing. AFFIRMED in part; REVERSED in part, and REMANDED. PETERSON, MONACO and TORPY, JJ., concur.

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