Florida District Courts of Appeal, 2009

Fernandez v. State

Fernandez v. State
Florida District Courts of Appeal · Decided February 18, 2009 · Wells, Cortiñas, Rothenberg
2 So. 3d 1114; 2009 Fla. App. LEXIS 1280; 2009 WL 383649 (Southern Reporter, Third Series)

Fernandez 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 *1115 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.

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