Florida District Courts of Appeal, 2007

Thermidor v. State

Thermidor v. State
Florida District Courts of Appeal · Decided January 31, 2007 · Gersten, Green, Ramirez
947 So. 2d 1253; 2007 Fla. App. LEXIS 1040; 2007 WL 258160 (Southern Reporter, Second Series)

Thermidor 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. On appeal from a summary denial, this Court must reverse unless the post-conviction record shows conclusively that the appellant is entitled to no relief. See Fla. R.App. 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 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 relief. Reversed and remanded for further proceedings.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.