Carter v. State
Carter v. State
Opinion of the Court
Frank Carter appeals from the trial court’s summary denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Carter argues
On appeal from a summary denial, this court must reverse unless the postconvietion record, see Fla. R.App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See Fla. RApp. 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 an evidentiary hearing or other appropriate relief. If the trial court again enters an order summarily denying the postconviction 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.