Florida District Courts of Appeal, 2006

Castro v. State

Castro v. State
Florida District Courts of Appeal · Decided August 9, 2006 · Cope, Corteñas, Green
935 So. 2d 1224; 2006 Fla. App. LEXIS 13261; 2006 WL 2270339 (Southern Reporter, Second Series)

Castro v. State

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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