Florida District Courts of Appeal, 2010

Magnum v. State

Magnum v. State
Florida District Courts of Appeal · Decided July 21, 2010 · Gersten, Shepherd, Lagoa
40 So. 3d 876; 2010 Fla. App. LEXIS 10578; 2010 WL 2836317 (Southern Reporter, Third Series)

Magnum 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, see Fla. RApp. 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 postconviction motion, the court shall attach i’ecord excerpts conclusively showing that the appellant is not entitled to any relief.

Reversed and remanded for further proceedings.

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