JOSEPH GARCIA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
This is an appeal of an order summarily denying a “Belated Motion to Withdraw Plea,” which the trial court treated as 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 the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(D); Castillo v. State, 13 So.3d 67 (Fla. 3d DCA 2009).
As a result of our disposition, Appellant’s motion for enlargement of time to file an initial brief is denied as moot.
Reversed and remanded for further proceedings.
Prior report: — So.3d-.
ON MOTION FOR REHEARING
Upon the State’s motion for rehearing, and additional portions of the record having been provided to this Court, specifically the November 3, 2009 plea colloquy, and March 23, 2010 evidentiary hearing transcript, all of which were part of the trial court record, we now affirm the May 5, 2010 order denying the defendant’s belated motion to withdraw plea, which the trial court treated as a Florida Rule of Criminal Procedure 3.850 motion.
Motion for rehearing granted; order affirmed.
PER CURIAM.
Upon the State’s motion for rehearing, and additional portions of the record having been provided to this Court, specifically the November 3, 2009 plea colloquy, and March 23, 2010 evidentiary hearing transcript, all of which were part of the trial court record, we now affirm the May 5, 2010 order denying the defendant’s belated motion to withdraw plea, which the trial court treated as a Florida Rule of Criminal Procedure 3.850 motion.
Motion for rehearing granted; order affirmed.