Molyneaux v. State

District Court of Appeal of Florida

Molyneaux v. State

2 So. 3d 1040, 2009 Fla. App. LEXIS 550, 2009 WL 187703

CourtDistrict Court of Appeal of Florida

DecidedJanuary 28, 2009

DocketNo. 3D08-1843

StatusPublished

This text of 2 So. 3d 1040 (Molyneaux 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

Molyneaux v. State, 2 So. 3d 1040, 2009 Fla. App. LEXIS 550, 2009 WL 187703 (Fla. Ct. App. 2009).

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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 post-conviction 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 post-conviction motion, the court shall attach record excerpts conclusively showing that the appellant is not entitled to any relief.

[1041]*1041Reversed 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 post-conviction 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 post-conviction motion, the court shall attach record excerpts conclusively showing that the appellant is not entitled to any relief.

[1041]*1041Reversed and remanded for further proceedings.

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Bluebook (online)

2 So. 3d 1040, 2009 Fla. App. LEXIS 550, 2009 WL 187703, Counsel Stack Legal Research, https://law.counselstack.com/opinion/molyneaux-v-state-fladistctapp-2009.