Baez v. State

District Court of Appeal of Florida

Baez v. State

911 So. 2d 245, 2005 Fla. App. LEXIS 15328, 2005 WL 2373428

CourtDistrict Court of Appeal of Florida

DecidedSeptember 28, 2005

DocketNo. 3D05-1886

StatusPublished

This text of 911 So. 2d 245 (Baez v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baez v. State, 911 So. 2d 245, 2005 Fla. App. LEXIS 15328, 2005 WL 2373428 (Fla. Ct. App. 2005).

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Opinion

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 id; 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 a hearing or for the attachment of record excerpts conclusively showing that the appellant is not entitled to any relief. See id.; see also Nish v. State, 907 So.2d 650 (Fla. 3d DCA July 27, 2005).

Reversed and remanded for further proceedings.

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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 id; 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 a hearing or for the attachment of record excerpts conclusively showing that the appellant is not entitled to any relief. See id.; see also Nish v. State, 907 So.2d 650 (Fla. 3d DCA July 27, 2005).

Reversed and remanded for further proceedings.

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Bluebook (online)

911 So. 2d 245, 2005 Fla. App. LEXIS 15328, 2005 WL 2373428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baez-v-state-fladistctapp-2005.

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