Florida District Courts of Appeal, 2005

Mestres v. State

Mestres v. State
Florida District Courts of Appeal · Decided December 7, 2005 · Fletcher, Ramirez, Suarez
916 So. 2d 47; 2005 Fla. App. LEXIS 19216; 2005 WL 3303469 (Southern Reporter, Second Series)

Mestres 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 post conviction record shows conclusively that the appellant is entitled to no relief. See Fla. RApp. P. 9.141(b)(2)(A); Fla. RApp. P. 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 entitled to any relief. See Fla. R.Crim. P. 3.800(a).

Reversed and remanded for further proceedings.

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