Barron v. State

District Court of Appeal of Florida

Barron v. State

100 So. 3d 230, 2012 Fla. App. LEXIS 18881, 37 Fla. L. Weekly Fed. D 2554

CourtDistrict Court of Appeal of Florida

DecidedOctober 31, 2012

DocketNo. 3D12-1301

StatusPublished

This text of 100 So. 3d 230 (Barron 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

Barron v. State, 100 So. 3d 230, 2012 Fla. App. LEXIS 18881, 37 Fla. L. Weekly Fed. D 2554 (Fla. Ct. App. 2012).

Pincite

Opinion

PER CURIAM.

This is an appeal of 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 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 an evidentiary hearing or other appropriate relief. 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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PER CURIAM.

This is an appeal of 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 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 an evidentiary hearing or other appropriate relief. 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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Bluebook (online)

100 So. 3d 230, 2012 Fla. App. LEXIS 18881, 37 Fla. L. Weekly Fed. D 2554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barron-v-state-fladistctapp-2012.