RAYMOND L. COLON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2007-02-07
No. 3D06-2506
Before SHEPHERD, SUAREZ, and ROTHENBERG, JJ.
948 So. 2d 870 Florida District Court of Appeal, Third District (2007) 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 post conviction record, see Fla. R.App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See Fla. RApp. 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 other appropriate relief. If the trial court again enters an order summarily denying the post conviction motion, the court shall attach record excerpts conclusively showing that the appellant is not entitled to any relief.

Reversed and remanded for further proceedings.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • DiSANTO v. State, 190 So. 3d 694 (Fla. 5th DCA 2016)
    …t erred in relying on certain predicate convictions to support his adjudication as a habitual felony offender. The State properly concedes that the trial court’s order, which did not include any attachments, should be reversed. See Stewart v. State, 948 So. 2d 870, 871 (Fla. 3d DCA 2007). On remand, if the trial court agairt enters ah order summarily denying - DiSanto’s motion, it must attach written portions of the record conclusively refuting DiSanto’s claim, REVERSED and RÉMANDED for further proceedings.…
  • Robinson v. State (Fla. 5th DCA 2024)
    …reverse and remand for further proceedings. If the trial court again summarily denies the motion, it shall attach portions of the record that conclusively refute Appellant’s claim. See Fla. R. App. P. 9.141(b)(2)(D); see also Stewart v. State, 948 So. 2d 870, 871 (Fla. 3d DCA 2007) (reversing and remanding summary denial of rule 3.800(a) motion where defendant raised a facially sufficient claim and trial court failed to attach written portions of record conclusively refuting claim). REVERSED…

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