Lewis v. State

177 So. 3d 97, 2015 Fla. App. LEXIS 15352
Procedural entryThis page is a short order in Lewis v. State. Read the opinion of the Court — 2014 Fla. App. LEXIS 4496
District Court of Appeal of Florida·Decided October 16, 2015·No. No. 2D14-5432·Published

Opinion

PER CURIAM.

Anthony Ray Lewis appeals the order denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The postconviction court’s order contains no findings, no ex[98]*98planation for the court’s ruling, and no record attachments from which this court could determine conclusively that Lewis is not entitled to relief. We therefore reverse the postconviction court’s order and remand for reconsideration of Lewis’s rule 3.800(a) motion. See Fla. R. App. P. 9.141(b)(2)(D) (“On appeal from the denial of relief, unless the record shows conclusively that the appellant is entitled to no relief, the order shall be reversed and the cause remanded for ... appropriate relief.”); Gassaway v. State, 993 So.2d 1186, 1186 (Fla. 2d DCA 2008) (“If the trial court again summarily denies the motions, it must set forth its rationale and attach any relevant portions of the record which support its denial.”).

Reversed and remanded for reconsideration.

KHOUZAM, SLEET, and SALARIO, JJ., Concur.

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Lewis v. State, 177 So. 3d 97, 2015 Fla. App. LEXIS 15352 (Fla. Ct. App. 2015).

177 So. 3d 97 (Lewis v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Gassaway v. State
993 So. 2d 1186 (District Court of Appeal of Florida, 2008)