Echemendia v. State

District Court of Appeal of Florida

Echemendia v. State

176 So. 3d 364, 2015 Fla. App. LEXIS 14486, 2015 WL 5725659

CourtDistrict Court of Appeal of Florida

DecidedSeptember 30, 2015

DocketNo. 3D15-1943

StatusPublished

This text of 176 So. 3d 364 (Echemendia 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

Echemendia v. State, 176 So. 3d 364, 2015 Fla. App. LEXIS 14486, 2015 WL 5725659 (Fla. Ct. App. 2015).

Pincite

Opinion

PER CURIAM.

This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.801(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 Fla. R. App. P. 9.141(b)(2)(D).

Because the record now before us fails to make the required showing, we reverse the order and remand for further proceedings. If the trial court again enters an order summarily denying the postconviction 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 3.801(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 Fla. R. App. P. 9.141(b)(2)(D).

Because the record now before us fails to make the required showing, we reverse the order and remand for further proceedings. If the trial court again enters an order summarily denying the postconviction 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)

176 So. 3d 364, 2015 Fla. App. LEXIS 14486, 2015 WL 5725659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/echemendia-v-state-fladistctapp-2015.