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PER CURIAM. This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.850. 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 an evidentiary hearing or for the attachment of record excerpts conclusively showing that the appellant is not entitled to any relief.
Reversed and remanded for further proceedings.
Document Info
Docket Number: No. 3D05-2506
Citation Numbers: 934 So. 2d 527, 2005 Fla. App. LEXIS 20234, 2005 WL 3535111
Judges: Fletcher, Shepherd, Wells
Filed Date: 12/28/2005
Precedential Status: Precedential
Modified Date: 10/18/2024