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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(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 id.; 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 a hearing or for the attachment of record excerpts conclusively showing that the appellant is not entitled to any relief. See id.; see also Nish v. State, 907 So.2d 650 (Fla. 3d DCA 2005).
Reversed and remanded for further proceedings.
Document Info
Docket Number: No. 3D04-926
Citation Numbers: 910 So. 2d 354, 2005 Fla. App. LEXIS 14849, 2005 WL 2219470
Judges: Cope, Rothenberg, Shepherd
Filed Date: 9/14/2005
Precedential Status: Precedential
Modified Date: 10/18/2024