Rivera v. State
Rivera v. State
937 So. 2d 1118; 2006 Fla. App. LEXIS 10706; 2006 WL 1751876
(Southern Reporter, Second Series)
Rivera 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 shows conclusively that the appellant is entitled to no relief. See Fla. RApp. P. 9.141(b)(2)(A) & (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)(A) & (D); see also 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.