Webb v. State
Florida District Courts of Appeal
Webb v. State, 964 So. 2d 797 (2007)
2007 Fla. App. LEXIS 14241; 2007 WL 2609445
Green, Suarez, Wells
Webb v. State
Opinion of the Court
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 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.
Reference
- Full Case Name
- Lazavius D. WEBB v. The STATE of Florida
- Cited By
- 1 case
- Status
- Published