ANTHONY GEORGE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
ANTHONY GEORGE, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
19 So. 3d 428
Florida District Court of Appeal, Third District (2009)
Positive Treatment
Cited by 1 case
Opinion of the Court
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, 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 further proceedings. 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
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Orientus Werner v. State, 31 So. 3d 916 (Fla. 3d DCA 2010)…ed either to accord the relief to which Werner is concededly entitled or for attachment of those portions of the record which demonstrate that such relief has already been granted. Mendoza v. State, 20 So. 3d 986 (Fla. 3d DCA 2009); George v. State, 19 So. 3d 428 (Fla. 3d DCA 2009); Taylor v. State, 19 So. 3d 420 (Fla. 3d DCA 2009); Fernandez v. State, 18 So. 3d 1200 (Fla. 3d DCA 2009). Reversed and remanded.…