Florida District Courts of Appeal, 2008

Coronado v. State

Coronado v. State
Florida District Courts of Appeal · Decided November 19, 2008 · Cortinas, Rothenberg, Suarez
994 So. 2d 1232; 2008 Fla. App. LEXIS 17663; 2008 WL 4922954 (Southern Reporter, Second Series)

Coronado 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 3.850. On appeal from a summary denial, this court must reverse unless the post-conviction record shows conclusively that the appellant is entitled to no relief. See Fla. R. App. P. 9.141(b)(2)(A), (D).

Because the record now before us fails to make the required showing, we reverse the order and remand for an evidentiary hearing or other appropriate relief. 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.

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