Thermidor v. State

District Court of Appeal of Florida

Thermidor v. State

947 So. 2d 1253, 2007 Fla. App. LEXIS 1040, 2007 WL 258160

CourtDistrict Court of Appeal of Florida

DecidedJanuary 31, 2007

DocketNo. 3D06-2537

StatusPublished

Cited by1 cases

This text of 947 So. 2d 1253 (Thermidor 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.

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Thermidor v. State, 947 So. 2d 1253, 2007 Fla. App. LEXIS 1040, 2007 WL 258160 (Fla. Ct. App. 2007).

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Opinion

PER CURIAM.

This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.800. 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 relief. Reversed 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 3.800. 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 relief. Reversed and remanded for further proceedings.

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947 So. 2d 1253, 2007 Fla. App. LEXIS 1040, 2007 WL 258160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thermidor-v-state-fladistctapp-2007.

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