Florida District Courts of Appeal, 2009

Anderson v. State

Anderson v. State
Florida District Courts of Appeal · Decided September 9, 2009 · Cortinas, Gersten, Schwartz
19 So. 3d 406; 2009 Fla. App. LEXIS 13187; 2009 WL 2870035 (Southern Reporter, Third Series)

Anderson 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 3.800. 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 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.