Florida District Courts of Appeal, 2009

Fonte v. State

Fonte v. State
Florida District Courts of Appeal · Decided May 20, 2009 · Cortinas, Ramirez, Suarez
11 So. 3d 427; 2009 Fla. App. LEXIS 5800; 2009 WL 1393434 (Southern Reporter, Third Series)

Fonte 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, 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 proceed*428ings. 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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