EVERETT A. OLIVER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
EVERETT A. OLIVER, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
957 So. 2d 700
Florida District Court of Appeal, Third District (2007)
Positive Treatment
Cited by 1 case
Opinion of the Court
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. 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 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
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Oliver v. State, 967 So. 2d 352 (Fla. 3d DCA 2007)…the summary denial of his 3.850 motion to this Court. On May 23, 2007, we reversed the trial court’s summary denial and remanded for the attachment of records that would conclusively show that Oliver was not entitled to relief. See Oliver v. State, 957 So. 2d 700 (Fla. 3d DCA 2007). On June 7, 2007, the trial court again summarily denied the motion, and directed the clerk of the trial court to attach the judgment and sentence dated November 18, 2003. The clerk of the trial court did not attach the judgment…