Florida District Courts of Appeal, 2009

Kerr v. State

Kerr v. State
Florida District Courts of Appeal · Decided April 1, 2009 · Gersten, Cope, Suarez
6 So. 3d 105; 2009 Fla. App. LEXIS 2932; 2009 WL 838238 (Southern Reporter, Third Series)

Kerr v. State

Opinion

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 postconviction 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 further proeeed- *106 ings. 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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