Florida District Courts of Appeal, 2010

St. Croix v. State

St. Croix v. State
Florida District Courts of Appeal · Decided September 15, 2010 · Lagoa, Shepherd, Wells
44 So. 3d 194; 2010 Fla. App. LEXIS 13620; 2010 WL 3564512 (Southern Reporter, Third Series)

St. Croix v. State

Opinion of the Court

WELLS, J.

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. 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.

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