Leatherwood v. State

District Court of Appeal of Florida

Leatherwood v. State

151 So. 3d 1278, 2014 Fla. App. LEXIS 19666, 2014 WL 6790215

CourtDistrict Court of Appeal of Florida

DecidedDecember 3, 2014

DocketNo. 3D14-688

StatusPublished

Cited by1 cases

This text of 151 So. 3d 1278 (Leatherwood 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

Leatherwood v. State, 151 So. 3d 1278, 2014 Fla. App. LEXIS 19666, 2014 WL 6790215 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.850. 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 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 postconviction motion, the court shall attach record excerpts conclusively showing that the appellant is not entitled to any 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 3.850. 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 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 postconviction motion, the court shall attach record excerpts conclusively showing that the appellant is not entitled to any relief.

Reversed and remanded for further proceedings.

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Bluebook (online)

151 So. 3d 1278, 2014 Fla. App. LEXIS 19666, 2014 WL 6790215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leatherwood-v-state-fladistctapp-2014.

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