Francique v. State
This text of Francique v. State (Francique 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.
Opinion
Third District Court of Appeal State of Florida
Opinion filed May 1, 2019. Not final until disposition of timely filed motion for rehearing. ________________
No. 3D19-484 Lower Tribunal No. 11-19067 ________________
Revenel Francique, Appellant,
vs.
The State of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Jose L. Fernandez, Judge.
Revenel Francique, in proper person.
Ashley Moody, Attorney General, for appellee.
Before SALTER, FERNANDEZ and LINDSEY, JJ.
PER CURIAM.
This is an appeal of an order summarily denying a motion under Florida
Rule of Criminal Procedure 3.850(f)(5). 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)(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 any relief.
Reversed and remanded for further proceeding.
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