Florida District Courts of Appeal, 2007

Perez v. State

Perez v. State
Florida District Courts of Appeal · Decided August 8, 2007 · Cortiñas, Rothenberg, Wells
963 So. 2d 856; 2007 Fla. App. LEXIS 12212; 2007 WL 2254910 (Southern Reporter, Second Series)

Perez v. State

Opinion of the Court

ROTHENBERG, Judge.

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, 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 *857order summarily denying the postconviction 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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