Gonzalez v. State
Cases that cite this one
1 later published case cites this decision.
- Hicks v. State (Fla. Dist. Ct. App. 2005)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Roberto Hermino Gonzalez appeals an order denying his motion under Florida Rule of Criminal Procedure 3.800(a) for additional credit for time served.
When a trial court summarily denies a motion for postconviction relief under Florida Rule of Criminal Procedure 3.800(a), 3.850, or 3.853, this court’s standard of review is as follows. “On appeal from the denial of relief, unless the record shows conclusively that the appellant is entitled to no relief, the order shall be reversed and the cause remanded for an evidentiary hearing or other appropriate relief.” Fla. R.App. P. 9.141(b)(2)(D). As the record now before us does not conclusively refute the appellant’s claim, we reverse the order and remand it for further proceedings consistent herewith.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.