Castro v. State

District Court of Appeal of Florida

Castro v. State

935 So. 2d 1224, 2006 Fla. App. LEXIS 13261, 2006 WL 2270339

District Court of Appeal of Florida·Decided August 9, 2006·No. No. 3D05-2218·Published·Cited by 1 cases

Opinion

PER CURIAM.

This is an appeal of an order summarily denying a motion under Florida Rule of [1225] 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.; R. 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.

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 [1225] 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.; R. 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.

Reversed and remanded for further proceedings.

Castro v. State, 935 So. 2d 1224, 2006 Fla. App. LEXIS 13261, 2006 WL 2270339 (Fla. Ct. App. 2006).

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