Saldane v. State
Saldane v. State
Opinion of the Court
This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.800(a). The appellant contends that he does not qualify as a habitual offender. See Bover v. State, 797 So.2d 1246 (Fla. 2001). 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 Fla. R.App. P. 9.141(b)(2)(D).
Because the record now before us fails to make the required showing, we reverse
Reversed and remanded for further proceedings.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.