LAWRENCE CORNER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2005-11-02
No. 3D05-1836
Before LEVY, GERSTEN and SUAREZ, JJ.
913 So. 2d 736 Florida District Court of Appeal, Third District (2005) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

[*737] PER CURIAM.

This is an appeal of an Order summarily denying a motion under Florida Rule of Criminal Procedure 3.800(a). This Court must reverse any Order summarily denied unless the postconviction Record, see Fla. R.App. P. 9.141(b)(2)(A), conclusively establishes that the appellant is not entitled to relief. See id.; see also Fla. R.App. P. 9.141(b)(2)(D).

Because the Record before us fails to make the required showing, we reverse the Order on appeal and remand for an evidentiary hearing, or for the attachment of Record excerpts conclusively showing that the appellant is not entitled to relief. See id.; see also Fla. R. Crim. P. 3.850(d).

Reversed and remanded for further proceedings.

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  • Corner v. State, 218 So. 3d 922 (Fla. 3d DCA 2016)
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  • Curry v. State, 16 So. 3d 933 (Fla. 3d DCA 2009)
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