Richards v. State

District Court of Appeal of Florida

Richards v. State

934 So. 2d 540, 2006 Fla. App. LEXIS 8081, 2006 WL 1410065

District Court of Appeal of Florida·Decided May 24, 2006·No. No. 3D05-2014·Published

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 postconviction record, see Fla. R.App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled [541]*541to 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 or for the attachment of record excerpts conclusively showing that the appellant is not entitled to any relief.

Reversed and remanded for further proceedings.

Free access — add to your briefcase to read the full text and ask questions with AI

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 postconviction record, see Fla. R.App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled [541]*541to 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 or for the attachment of record excerpts conclusively showing that the appellant is not entitled to any relief.

Reversed and remanded for further proceedings.

Richards v. State, 934 So. 2d 540, 2006 Fla. App. LEXIS 8081, 2006 WL 1410065 (Fla. Ct. App. 2006).

Pincite

934 So. 2d 540 (Richards v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.