Feo v. State

District Court of Appeal of Florida

Feo v. State

907 So. 2d 649, 2005 Fla. App. LEXIS 11947, 2005 WL 1762346

District Court of Appeal of Florida·Decided July 27, 2005·No. No. 3D05-1465·Published

Opinion

PER CURIAM.

This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.800(a). On appeal from a summary denial, this court must reverse unless the postconviction record, see Fla. RApp. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See Id. at 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 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 of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.800(a). On appeal from a summary denial, this court must reverse unless the postconviction record, see Fla. RApp. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See Id. at 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 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.

Feo v. State, 907 So. 2d 649, 2005 Fla. App. LEXIS 11947, 2005 WL 1762346 (Fla. Ct. App. 2005).

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