Smalls v. State

District Court of Appeal of Florida

Smalls v. State

50 So. 3d 46, 2010 Fla. App. LEXIS 18328, 2010 WL 4861716

Procedural entryThis page is a short order in Smalls v. State. Read the opinion of the Court — 973 So. 2d 630 →

District Court of Appeal of Florida·Decided December 1, 2010·No. No. 3D10-2856·Published

Opinion

WELLS, Judge.

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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WELLS, Judge.

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.

Smalls v. State, 50 So. 3d 46, 2010 Fla. App. LEXIS 18328, 2010 WL 4861716 (Fla. Ct. App. 2010).

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