ALBERTO REYES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2012-08-08
No. 3D12-819
Before SUAREZ and FERNANDEZ, JJ., and SCHWARTZ, Senior Judge.
95 So. 3d 414 Florida District Court of Appeal, Third District (2012) Positive Treatment
Cited by 1 case
Topics
Written Sentence Oral Pronouncement Of Sentence Postconviction Relief

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Opinion of the Court
SUAREZ, J.

SUAREZ, J.

This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.800(a). On appeal from a summary denial, this Court must reverse unless the post-conviction record shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(A), (D).

The appellant claims that the written sentence does not conform to the trial court’s oral pronouncement of sentence made at the plea hearing. 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.

*415Reversed and remanded for further proceedings.

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Citator

Cited By

  • Reyes v. State (Fla. 3d DCA 2025)
    …PER CURIAM. Affirmed. See Duncan v. State, 728 So. 2d 1237 (Fla. 3d DCA 1999); see also Reyes v. State, 95 So. 3d 414 (Fla. 3d DCA 2012); Reyes v. State, 109 So. 3d 1168 (Fla. 3d DCA 2013); Reyes v. State, 151 So. 3d 1258 (Fla. 3d DCA 2014); Reyes v. State, 227 So. 3d 588 (Fla. 3d DCA 2017); Reyes v. State, 278 So. 3d 211 (Fla. 3d DCA 2019).…

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