JOHNSON
v.
STATE
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On appeal from a summary denial of postconviction relief under Florida Rule of Criminal Procedure 3.850, the appellate court must reverse unless the record conclusively shows the appellant is entitled to no relief.
[1] On appeal from a summary denial of Rule 3.850 postconviction relief, a trial court's order must be reversed if the postconviction record fails to conclusively show that t…
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Join FLexlaw to unlock all legal intelligence“Because the record now before us fails to make the required showing, we reverse the order and remand for attachment of records conclusively showing that the appellant is not entitled to any relief or an evidentiary hearing.”
Court's basis for reversal
Shamichael Johnson appealed the trial court's denial of her postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The tria…
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Third District Court of Appeal
State of Florida
Opinion filed March 28, 2018. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D17-1856 Lower Tribunal Nos. 08-716-K, 08-718-K,
08-57-BK, 12-739-K and 13-114-K
________________
Shamichael Johnson,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Monroe County, Mark H. Jones, Judge.
Shamichael Johnson, in proper person.
Pamela Jo Bondi, Attorney General, and Sandra Lipman, Assistant Attorney General, for appellee.
Before SUAREZ, LAGOA, and LINDSEY, JJ.
PER CURIAM.
Shamichael Johnson appeals from the trial court’s denial of her motion for postconviction relief filed pursuant to 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 attachment of records conclusively showing that the appellant is not entitled to any relief or an evidentiary hearing. Langdon v.
State, 947 So. 2d 460 (Fla. 3d DCA 2007). 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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Cited By
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Gomez v. State (Fla. 3d DCA 2022)…GORDO and BOKOR, JJ. PER CURIAM. 2 Affirmed. Smith v. State, 889 So. 2d 1009, 1010 (Fla. 3d DCA 2004) (denying a petition for a writ of mandamus where the defendant’s counsel “represent[ed] that he ha[d] no such documents.”); Johnson v. State, 304 So. 3d 1226, 1226 (Fla. 3d DCA 2019); Simmons v. State, 40 So. 3d 874, 875 (Fla. 3d DCA 2010) (“[A]ttorneys may only be required to turn over documents which actually exist and are in their possession.”); Harrell v. State, 963 So. 2d 359, 360 (Fla. 2d DCA 20…
Authorities Cited
- Langdon v. State, 947 So. 2d 460 (Fla. 3d DCA 2006)