Florida District Courts of Appeal, 2007

Rodriguez v. State

Rodriguez v. State
Florida District Courts of Appeal · Decided May 2, 2007 · Green, Schwartz, Shepherd
957 So. 2d 1255; 2007 Fla. App. LEXIS 6637; 2007 WL 1264000 (Southern Reporter, Second Series)

Rodriguez 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. R.App. 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 *1256order 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.

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