Martinez v. State
Martinez v. State
935 So. 2d 45; 2006 Fla. App. LEXIS 11965; 31 Fla. L. Weekly Fed. D 1924
(Southern Reporter, Second Series)
Martinez 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). 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 the order and remand for further proceedings or for the attachment of record excerpts conclusively showing that the appellant is not entitled to any relief.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.