Herrera v. State

District Court of Appeal of Florida

Herrera v. State

911 So. 2d 204, 2005 Fla. App. LEXIS 14821, 2005 WL 2294496

Procedural entryThis page is a short order in Herrera v. State. Read the opinion of the Court — 879 So. 2d 38 →

District Court of Appeal of Florida·Decided September 21, 2005·No. No. 3D05-1657·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. R.App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See id., R.' 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 conclusively showing that the appellant is not [205]*205entitled 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. R.App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See id., R.' 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 conclusively showing that the appellant is not [205]*205entitled to any relief. See id.; see also Fla. R.Crim. P. 3.850(d).

Reversed and remanded for further proceedings.

Herrera v. State, 911 So. 2d 204, 2005 Fla. App. LEXIS 14821, 2005 WL 2294496 (Fla. Ct. App. 2005).

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