Florida District Courts of Appeal, 2006

Castro v. State

Florida District Courts of Appeal · Decided August 9, 2006 · No. 3D05-2218 · Cope, Corteñas, Green

935 So. 2d 1224; 2006 Fla. App. LEXIS 13261; 2006 WL 2270339 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Castro v. State (Fla. Dist. Ct. App. 2006)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

This is an appeal of an order summarily denying a motion under Florida Rule of *1225Criminal 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 id.; R. 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.

Reversed and remanded for further proceedings.

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