Mason v. State

District Court of Appeal of Florida

Mason v. State

949 So. 2d 1127, 2007 Fla. App. LEXIS 2409, 2007 WL 518771

CourtDistrict Court of Appeal of Florida

DecidedFebruary 21, 2007

DocketNo. 3D06-2346

StatusPublished

This text of 949 So. 2d 1127 (Mason 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

Mason v. State, 949 So. 2d 1127, 2007 Fla. App. LEXIS 2409, 2007 WL 518771 (Fla. Ct. App. 2007).

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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). Materials provided to this Court by the State do not remedy the trial court’s failure to attach such materials to [1128]*1128its order. Langdon v. State, 947 So.2d 460 (Fla. 3d DCA 2007), clarifying 31 Fla. L. Weekly D2487 (Fla. 3d DCA Oct. 4, 2006).

Because the record now before us fails to make the required showing, we reverse the order and remand for an evi-dentiary hearing or other appropriate relief. 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). Materials provided to this Court by the State do not remedy the trial court’s failure to attach such materials to [1128]*1128its order. Langdon v. State, 947 So.2d 460 (Fla. 3d DCA 2007), clarifying 31 Fla. L. Weekly D2487 (Fla. 3d DCA Oct. 4, 2006).

Because the record now before us fails to make the required showing, we reverse the order and remand for an evi-dentiary hearing or other appropriate relief. 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)

949 So. 2d 1127, 2007 Fla. App. LEXIS 2409, 2007 WL 518771, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mason-v-state-fladistctapp-2007.

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