Florida District Courts of Appeal, 2014

Peguero v. State

Peguero v. State
Florida District Courts of Appeal · Decided November 19, 2014 · Fernandez, Logue, Rothenberg
152 So. 3d 82; 2014 Fla. App. LEXIS 18874; 2014 WL 6465817 (Southern Reporter, Third Series)

Peguero v. State

Opinion of the Court

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. 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 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.

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