Florida District Courts of Appeal, 2008

Ponton v. State

Ponton v. State
Florida District Courts of Appeal · Decided August 27, 2008 · Cortinas, Ramirez, Suarez
990 So. 2d 609; 2008 Fla. App. LEXIS 12671; 2008 WL 3914880 (Southern Reporter, Second Series)

Ponton 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).

Ponton has raised a facially sufficient claim for rule 3.800(a) relief that the trial court, by summarily denying the motion, has failed to conclusively refute. Because the record now before us fails to make the required showing, we reverse the order and remand for further proceedings. On remand, if the trial court again enters an order denying the post-conviction motion, the trial court shall attach written portions of the record conclusively refuting the defendant’s claim. See Fla. R.App. P. 9.141(b)(2)(D) (requiring reversal by this *610court unless the record shows conclusively that the defendant is entitled to no relief).

Reversed and remanded for further proceedings.

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