ANTONIO JOHNSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2006-06-28
No. 3D06-1192
Before GERSTEN, SUAREZ, and ROTHENBERG, JJ.
932 So. 2d 562 Florida District Court of Appeal, Third District (2006) Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.

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 shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(A); 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 Fla. R.App. P. 9.141(b)(2)(D); Fla. R.Crim. P. 3.850(d).

Reversed and remanded for further proceedings.

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