Chambers v. State

District Court of Appeal of Florida

Chambers v. State

66 So. 3d 354, 2011 Fla. App. LEXIS 11373, 2011 WL 2848642

CourtDistrict Court of Appeal of Florida

DecidedJuly 20, 2011

Docket3D11-517

StatusPublished

This text of 66 So. 3d 354 (Chambers 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

Chambers v. State, 66 So. 3d 354, 2011 Fla. App. LEXIS 11373, 2011 WL 2848642 (Fla. Ct. App. 2011).

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Opinion

PER CURIAM.

This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.850. On appeal from a summary denial, this Court must reverse unless the post-conviction 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).

The appellant’s motion raised six separate grounds for relief. Although we affirm the trial court’s denial as to the first two grounds for relief sought by the appellant, because the record now before us fails to make the required showing as to the remaining four issues raised in the motion, we reverse the order 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.

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 post-conviction 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).

The appellant’s motion raised six separate grounds for relief. Although we affirm the trial court’s denial as to the first two grounds for relief sought by the appellant, because the record now before us fails to make the required showing as to the remaining four issues raised in the motion, we reverse the order 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.

Reversed and remanded for further proceedings.

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Bluebook (online)

66 So. 3d 354, 2011 Fla. App. LEXIS 11373, 2011 WL 2848642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chambers-v-state-fladistctapp-2011.