LELIEVE v. State

District Court of Appeal of Florida

LELIEVE v. State

28 So. 3d 942, 2010 Fla. App. LEXIS 1569, 2010 WL 532854

CourtDistrict Court of Appeal of Florida

DecidedFebruary 17, 2010

Docket3D09-3510

StatusPublished

This text of 28 So. 3d 942 (LELIEVE 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.

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LELIEVE v. State, 28 So. 3d 942, 2010 Fla. App. LEXIS 1569, 2010 WL 532854 (Fla. Ct. App. 2010).

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Opinion

PER CURIAM.

This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.800(a). On appeal from a summary denial, this court must reverse unless the post-conviction record, see Fla. RApp. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See Fla. RApp. P. 9.141(b)(2)(D).

The appellant claims the trial court incorrectly assessed points on his scoresheet for seven previously charged offenses. Because the trial court summarily denied the motion without attaching appropriate portions of the record refuting the appellant’s claim, we reverse the order and remand for further proceedings or for the attachment of record excerpts conclusively showing the appellant is not entitled to any relief. See Atwood v. State, 765 So.2d 242, 243 (Fla. 1st DCA 2000).

*943 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, see Fla. RApp. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See Fla. RApp. P. 9.141(b)(2)(D).

The appellant claims the trial court incorrectly assessed points on his scoresheet for seven previously charged offenses. Because the trial court summarily denied the motion without attaching appropriate portions of the record refuting the appellant’s claim, we reverse the order and remand for further proceedings or for the attachment of record excerpts conclusively showing the appellant is not entitled to any relief. See Atwood v. State, 765 So.2d 242, 243 (Fla. 1st DCA 2000).

*943 Reversed and remanded for further proceedings.

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28 So. 3d 942, 2010 Fla. App. LEXIS 1569, 2010 WL 532854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lelieve-v-state-fladistctapp-2010.

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