ROBERT SHULER, JR., APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
ROBERT SHULER, JR., APPELLANT,
THE STATE OF FLORIDA, APPELLEE
949 So. 2d 324
Florida District Court of Appeal, Third District (2007)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
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 postconviction record, see Fla. R.App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See Fla. RApp. 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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Rivera v. State, 954 So. 2d 1216 (Fla. 3d DCA 2007)…tion for writ of habeas corpus and the defendant appealed. This court reversed the denial order and remanded for a prompt hearing, with the assistance of counsel, to determine whether the defendant was entitled to immediate release. Rivera v. State, 949 So. 2d 324 (Fla. 3d DCA 2007). The trial court commendably conducted two hearings and issued a detailed order within seven days following this court’s [*1218] opinion. The trial court again denied relief, and the defendant has appealed. We affirm the trial c…