LAZARO J. PADRON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
LAZARO J. PADRON, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
96 So. 3d 1041
Florida District Court of Appeal, Third District (2012)
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 3.800(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).
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.
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Citator
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Padron v. State, 128 So. 3d 55 (Fla. 3d DCA 2012)…motion on February 8, 2012, and attached various documents. On appeal from that order, this Court reversed because none of the record documents attached to the order showed conclusively that the defendant was not entitled to relief. Padrón v. State, 96 So. 3d 1041 (Fla. 3d DCA 2012). In September 2012, the defendant filed a motion for a ruling in keeping with Pa-drón. The trial court entered the order on appeal here with the blanket statement that the defendant is not entitled to any more credit. It attached…