Castro v. State

District Court of Appeal of Florida

Castro v. State

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

CourtDistrict Court of Appeal of Florida

DecidedAugust 9, 2006

DocketNo. 3D05-2218

StatusPublished

Cited by1 cases

This text of 935 So. 2d 1224 (Castro 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

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

Pincite

Opinion

PER CURIAM.

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

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

PER CURIAM.

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

Cite This Page — Counsel Stack

Bluebook (online)

935 So. 2d 1224, 2006 Fla. App. LEXIS 13261, 2006 WL 2270339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/castro-v-state-fladistctapp-2006.

Opinion

Related

Cite This Page — Counsel Stack