Fraley v. State

District Court of Appeal of Florida

Fraley v. State

964 So. 2d 796, 2007 Fla. App. LEXIS 14250, 2007 WL 2609442

CourtDistrict Court of Appeal of Florida

DecidedSeptember 12, 2007

DocketNo. 3D06-3225

StatusPublished

This text of 964 So. 2d 796 (Fraley 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

Fraley v. State, 964 So. 2d 796, 2007 Fla. App. LEXIS 14250, 2007 WL 2609442 (Fla. Ct. App. 2007).

Pincite

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 post-conviction record shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(A), (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 post-conviction motion, the court shall attach record excerpts conclusively showing that the appellant is not entitled to 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 3.800(a). On appeal from a summary denial, this court must reverse unless the post-conviction record shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(A), (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 post-conviction motion, the court shall attach record excerpts conclusively showing that the appellant is not entitled to relief.

Reversed and remanded for further proceedings.

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Bluebook (online)

964 So. 2d 796, 2007 Fla. App. LEXIS 14250, 2007 WL 2609442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fraley-v-state-fladistctapp-2007.