Palomino v. State

District Court of Appeal of Florida

Palomino v. State

16 So. 3d 989, 2009 Fla. App. LEXIS 12491, 2009 WL 2601871

CourtDistrict Court of Appeal of Florida

DecidedAugust 26, 2009

Docket3D09-1669

StatusPublished

This text of 16 So. 3d 989 (Palomino 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

Palomino v. State, 16 So. 3d 989, 2009 Fla. App. LEXIS 12491, 2009 WL 2601871 (Fla. Ct. App. 2009).

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Opinion

SUAREZ, J.

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 shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(A), (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.

Reversed and remanded for further proceedings.

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SUAREZ, J.

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 shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(A), (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.

Reversed and remanded for further proceedings.

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Bluebook (online)

16 So. 3d 989, 2009 Fla. App. LEXIS 12491, 2009 WL 2601871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palomino-v-state-fladistctapp-2009.

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