Villalona v. State

District Court of Appeal of Florida

Villalona v. State

109 So. 3d 863, 2013 WL 950273, 2013 Fla. App. LEXIS 3949

CourtDistrict Court of Appeal of Florida

DecidedMarch 13, 2013

DocketNo. 3D13-73

StatusPublished

This text of 109 So. 3d 863 (Villalona 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

Villalona v. State, 109 So. 3d 863, 2013 WL 950273, 2013 Fla. App. LEXIS 3949 (Fla. Ct. App. 2013).

Pincite

Opinion

PER CURIAM.

This is an appeal of an order summarily denying a motion filed 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 postconviction 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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PER CURIAM.

This is an appeal of an order summarily denying a motion filed 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 postconviction 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)

109 So. 3d 863, 2013 WL 950273, 2013 Fla. App. LEXIS 3949, Counsel Stack Legal Research, https://law.counselstack.com/opinion/villalona-v-state-fladistctapp-2013.