Florida District Courts of Appeal, 2005

Crosby v. State

Crosby v. State
Florida District Courts of Appeal · Decided September 28, 2005 · Gersten, Levy, Suarez
911 So. 2d 258; 2005 Fla. App. LEXIS 15325; 2005 WL 2373457 (Southern Reporter, Second Series)

Crosby 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). This Court must reverse any Order summarily denied unless the postconviction Record, see Fla. RApp. P. 9.141(b)(2)(A), conclusively establishes that the appellant is not entitled to relief. See id.; see also Fla. R.App. P. 9.141(b)(2)(D).

Because the Record before us fails to make the required showing, we reverse the Order on appeal and remand for an evi-dentiary hearing, or for the attachment of Record excerpts conclusively showing that the appellant is not entitled to relief. See id.; see also Fla. R.Crim. P. 3.850(d).

Reversed and remanded for further proceedings.

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