Florida District Courts of Appeal, 2005

Herrera v. State

Herrera v. State
Florida District Courts of Appeal · Decided September 21, 2005 · Cope, Rothenberg, Shepherd
911 So. 2d 204; 2005 Fla. App. LEXIS 14821; 2005 WL 2294496 (Southern Reporter, Second Series)

Herrera v. State

Opinion of the Court

PER CURIAM.

This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.800(a). On appeal from a summary denial, this court must reverse unless the postconviction record, see Fla. R.App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See id., R.' 9.141(b)(2)(D).

Because the record now before us fails to make the required showing, we reverse the order and remand for a hearing or for the attachment of record excerpts conclusively showing that the appellant is not *205entitled to any relief. See id.; see also Fla. R.Crim. P. 3.850(d).

Reversed and remanded for further proceedings.

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