Florida District Courts of Appeal, 2009

Wiggins v. State

Wiggins v. State
Florida District Courts of Appeal · Decided April 15, 2009 · Gersten, Cope, Suarez
7 So. 3d 634; 2009 Fla. App. LEXIS 3224; 2009 WL 996355 (Southern Reporter, Third Series)

Wiggins v. State

Opinion

SUAREZ, J.

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, see Fla. RApp. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled *635 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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