History
  • No items yet
midpage
8 So. 3d 1246
Fla. Dist. Ct. App.
2009
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 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.

Case Details

Case Name: Torres v. State
Court Name: District Court of Appeal of Florida
Date Published: May 6, 2009
Citations: 8 So. 3d 1246; 2009 Fla. App. LEXIS 4180; 2009 WL 1212227; 3D09-887
Docket Number: 3D09-887
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified
and are not legal advice.
Log In
    Torres v. State, 8 So. 3d 1246