Florida District Courts of Appeal, 2008

Anderson v. State

Anderson v. State
Florida District Courts of Appeal · Decided February 13, 2008 · Rothenberg, Salter, Wells
974 So. 2d 1160; 2008 Fla. App. LEXIS 1828; 2008 WL 373428 (Southern Reporter, Second Series)

Anderson 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 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 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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