Florida District Courts of Appeal, 2009

Mendoza v. State

Mendoza v. State
Florida District Courts of Appeal · Decided October 21, 2009 · Wells, Lagoa, Salter
20 So. 3d 986; 2009 Fla. App. LEXIS 15794; 2009 WL 3365470 (Southern Reporter, Third Series)

Mendoza v. State

Opinion

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 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 an evidentiary hearing or other appropriate relief. 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.

*987 Reversed and remanded for further proceedings.

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