Florida District Courts of Appeal, 2013

Gonzalez v. State

Gonzalez v. State
Florida District Courts of Appeal · Decided January 23, 2013 · Cortiñas, Fernandez, Shepherd
111 So. 3d 187; 2013 WL 238206; 2013 Fla. App. LEXIS 951 (Southern Reporter, Third Series)

Gonzalez v. State

Opinion of the Court

PER CURIAM.

This is an appeal of an order summarily denying a motion filed under Florida Rule of Criminal Procedure 3.800(a). On appeal from a summary denial, this Court must reverse unless the post-conviction 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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