Florida District Courts of Appeal, 2007

Barber v. State

Florida District Courts of Appeal · Decided March 7, 2007 · Rothenberg, Shepherd, Suarez

951 So. 2d 49; 2007 Fla. App. LEXIS 3294; 2007 WL 675982 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

TERRENCE JEFFERSON v. State (Fla. Dist. Ct. App. 2021)

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 Criminal Procedure 3.850. On appeal from a summary denial, this court must reverse unless the post-conviction record, see Fla. RApp. 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 *50the order and remand for an evidentiary hearing or other appropriate relief. 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.

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