Hayden v. State

District Court of Appeal of Florida

Hayden v. State

128 So. 3d 43, 2012 WL 5500519, 2012 Fla. App. LEXIS 19615

CourtDistrict Court of Appeal of Florida

DecidedNovember 14, 2012

DocketNo. 3D12-2321

StatusPublished

This text of 128 So. 3d 43 (Hayden 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

Hayden v. State, 128 So. 3d 43, 2012 WL 5500519, 2012 Fla. App. LEXIS 19615 (Fla. Ct. App. 2012).

Pincite

Opinion

SUAREZ, J.

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 any relief.

Reversed and remanded for further proceedings.

Free access — add to your briefcase to read the full text and ask questions with AI

SUAREZ, J.

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 any relief.

Reversed and remanded for further proceedings.

Cite This Page — Counsel Stack

Bluebook (online)

128 So. 3d 43, 2012 WL 5500519, 2012 Fla. App. LEXIS 19615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayden-v-state-fladistctapp-2012.