District Court of Appeal of Florida July 3, 2012, No. 1D11-4865 (Steele v. State)

PER CURIAM.

The appellant filed a rule 3.850 motion raising a facially sufficient sentencing issue, which the trial court denied because the appellant did not attach a copy of the plea and sentencing hearing transcript. However, the trial court has the responsibility to attach to the order denying the post-conviction motion the portion of the record conclusively refuting the appellant’s claim.