Diaz v. State

District Court of Appeal of Florida

Diaz v. State

919 So. 2d 617, 2006 Fla. App. LEXIS 311, 2006 WL 120349

CourtDistrict Court of Appeal of Florida

DecidedJanuary 18, 2006

DocketNo. 3D05-2591

StatusPublished

This text of 919 So. 2d 617 (Diaz 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

Diaz v. State, 919 So. 2d 617, 2006 Fla. App. LEXIS 311, 2006 WL 120349 (Fla. Ct. App. 2006).

Pincite

Opinion

PER CURIAM.

This is an appeal from 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 shows conclusively that the appellant is not entitled to any relief. See Fla. R.App. P. 9.141(b)(2)(A).

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. See id.; see also Fla. R.Crim. P. 3.850(d).

Reversed and remanded for further proceedings.

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PER CURIAM.

This is an appeal from 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 shows conclusively that the appellant is not entitled to any relief. See Fla. R.App. P. 9.141(b)(2)(A).

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. See id.; see also Fla. R.Crim. P. 3.850(d).

Reversed and remanded for further proceedings.

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Bluebook (online)

919 So. 2d 617, 2006 Fla. App. LEXIS 311, 2006 WL 120349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diaz-v-state-fladistctapp-2006.