Florida District Courts of Appeal, 2010

Smalls v. State

Smalls v. State
Florida District Courts of Appeal · Decided December 1, 2010 · Lagoa, Salter, Wells
50 So. 3d 46; 2010 Fla. App. LEXIS 18328; 2010 WL 4861716 (Southern Reporter, Third Series)

Smalls v. State

Opinion of the Court

WELLS, Judge.

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 post-conviction record shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(A), (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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