Florida District Courts of Appeal, 2009

Jackson v. State

Jackson v. State
Florida District Courts of Appeal · Decided February 4, 2009 · Gersten, Schwartz, Shepherd
2 So. 3d 1066; 2009 Fla. App. LEXIS 751; 2009 WL 249274 (Southern Reporter, Third Series)

Jackson 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(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 trial court denied relief without attaching records, we must reverse and remand for attachment of records conclusively showing that the appellant is not entitled to any relief or an evidentiary hearing. Langdon v. State, 947 So.2d 460 (Fla. 3d DCA 2006).

Reversed and remanded for further proceedings.

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