Briecke v. State

District Court of Appeal of Florida

Briecke v. State

959 So. 2d 412, 2007 Fla. App. LEXIS 9527, 2007 WL 1753775

CourtDistrict Court of Appeal of Florida

DecidedJune 20, 2007

DocketNo. 3D07-167

StatusPublished

This text of 959 So. 2d 412 (Briecke 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

Briecke v. State, 959 So. 2d 412, 2007 Fla. App. LEXIS 9527, 2007 WL 1753775 (Fla. Ct. App. 2007).

Pincite

Opinion

SUAREZ, J.

This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.850. We affirm the trial court’s denial of point 9 of the defendant’s rule 3.850 motion as it is without merit. However, on appeal from a summary denial, this court must reverse unless the post-conviction record, see Fla. RApp. 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, as the State concedes, the record now before us fails to make the required showing for points 1-8 and points 10 and 11 of defendant’s motion, we reverse the order as to those points 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.

Affirmed in part, reversed in part and remanded for further proceedings with directions.

Free access — add to your briefcase to read the full text and ask questions with AI

SUAREZ, J.

This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.850. We affirm the trial court’s denial of point 9 of the defendant’s rule 3.850 motion as it is without merit. However, on appeal from a summary denial, this court must reverse unless the post-conviction record, see Fla. RApp. 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, as the State concedes, the record now before us fails to make the required showing for points 1-8 and points 10 and 11 of defendant’s motion, we reverse the order as to those points 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.

Affirmed in part, reversed in part and remanded for further proceedings with directions.

Cite This Page — Counsel Stack

Bluebook (online)

959 So. 2d 412, 2007 Fla. App. LEXIS 9527, 2007 WL 1753775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/briecke-v-state-fladistctapp-2007.