Florida District Courts of Appeal, 2006

Johnson v. State

Johnson v. State
Florida District Courts of Appeal · Decided June 28, 2006 · Gersten, Rothenberg, Suarez
932 So. 2d 562; 2006 Fla. App. LEXIS 10639; 2006 WL 1751881 (Southern Reporter, Second Series)

Johnson v. State

Opinion of the Court

PER CURIAM.

This is an appeal of an order summarily denying a motion under Florida Rule of *563Criminal Procedure 3.850. On appeal from a summary denial, this court must reverse unless the postconviction record shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(A); Fla. R.App. 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.App. P. 9.141(b)(2)(D); Fla. R.Crim. P. 3.850(d).

Reversed and remanded for further proceedings.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.