Florida District Courts of Appeal, 2006

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided December 27, 2006 · Schwartz, Suarez, Wells
944 So. 2d 1240; 2006 Fla. App. LEXIS 21602; 2006 WL 3782927 (Southern Reporter, Second Series)

Smith v. State

Opinion of the Court

PER CURIAM.

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 post-conviction record, see Fla. R.App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See Fla. RApp. 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. If the trial court again enters an order summarily denying the post-conviction motion, the court shall attach record excerpts conclusively showing that the appellant is not entitled to any relief.

Reversed and remanded for further proceedings.

SCHWARTZ, Senior Judge, concurs in result only.

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