GREGORY S. CURRY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
GREGORY S. CURRY, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
994 So. 2d 1109
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 postconvietion 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 postconvietion motion, the court shall attach record excerpts conclusively showing that the appellant is not entitled to any relief.
Reversed and remanded for further proceedings.
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Curry v. State, 16 So. 3d 933 (Fla. 3d DCA 2009)…On Motion to Enforce Mandate LAGOA, Judge. Gregory Curry (“Curry”) requests that this Court enforce the mandate issued in Curry v. State, 994 So. 2d 1109 (Fla. 3d DCA 2007). For the following reasons, we deny Curry’s motion. On January 22, 1993, after a jury trial, Curry was convicted of armed robbery, in violation of section 812.13, Florida Statutes (Supp. 1992), and burglary of an occupied conveya…