Alterma v. State

935 So. 2d 44, 2006 Fla. App. LEXIS 11922, 2006 WL 1999964

Opinion

PER CURIAM.

This is an appeal from an order summarily denying a motion under Florida Rule of Criminal Procedure, 3.850. 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 an evidentiary hearing or for the attachment of record excerpts conclusively showing that the appellant is not entitled to any relief.

Reversed and remanded for further proceedings.