LARRY LEATHERWOOD, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2014-12-03
No. 3D14-688
Before ROTHENBERG, FERNANDEZ, and LOGUE, JJ.
151 So. 3d 1278 Florida District Court of Appeal, Third District (2014) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

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 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 postconviction 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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  • Leatherwood v. State, 168 So. 3d 328 (Fla. 3d DCA 2015)
    …peal”) because the trial court was without jurisdiction to enter the Order on Appeal. We remand in order to allow the trial court to adjudicate Leather-wood’s motion for post-conviction relief in accordance with our decision in Leatherwood v. State, 151 So. 3d 1278 (Fla. 8d DCA 2014). I. Background Leatherwood was tried by a jury and convicted of first degree murder on October 23, 2003. He was sentenced to life imprisonment without the possibility of parole. On direct appeal, Leatherwood’s conviction and sen…
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