Winningham v. State

District Court of Appeal of Florida

Winningham v. State

732 So. 2d 1223, 1999 Fla. App. LEXIS 7575, 1999 WL 371320

CourtDistrict Court of Appeal of Florida

DecidedJune 9, 1999

DocketNo. 98-3046

StatusPublished

This text of 732 So. 2d 1223 (Winningham 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

Winningham v. State, 732 So. 2d 1223, 1999 Fla. App. LEXIS 7575, 1999 WL 371320 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

Andrew Winningham appeals the summary denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Under our standard of review, “Unless the record shows conclusively that the appellant is entitled to no relief, the order shall be reversed and the cause remanded for an evidentiary hearing.” Fla. R.App. P. 9.140(i). As the record now before us does not conclusively refute the appellant’s claims, we reverse the order and remand for an evidentiary hearing, or for the trial court to attach to its order record excerpts which conclusively refute the appellant’s claims.

Reversed and remanded.

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PER CURIAM.

Andrew Winningham appeals the summary denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Under our standard of review, “Unless the record shows conclusively that the appellant is entitled to no relief, the order shall be reversed and the cause remanded for an evidentiary hearing.” Fla. R.App. P. 9.140(i). As the record now before us does not conclusively refute the appellant’s claims, we reverse the order and remand for an evidentiary hearing, or for the trial court to attach to its order record excerpts which conclusively refute the appellant’s claims.

Reversed and remanded.

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Bluebook (online)

732 So. 2d 1223, 1999 Fla. App. LEXIS 7575, 1999 WL 371320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winningham-v-state-fladistctapp-1999.