St. Croix v. State

District Court of Appeal of Florida

St. Croix v. State

44 So. 3d 194, 2010 Fla. App. LEXIS 13620, 2010 WL 3564512

District Court of Appeal of Florida·Decided September 15, 2010·No. No. 3D10-2005·Published

Opinion

WELLS, 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 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).

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.

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

WELLS, 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 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).

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.

St. Croix v. State, 44 So. 3d 194, 2010 Fla. App. LEXIS 13620, 2010 WL 3564512 (Fla. Ct. App. 2010).

Pincite

44 So. 3d 194 (St. Croix v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.