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128 So. 3d 49

Herrera v. State

District Court of Appeal of Florida

Decided November 28, 2012

District Court of Appeal of Florida · decided 2012-11-28

Cited by 2 later decisions — most recently January 2017

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2012-11-28

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PER CURIAM.

¶1This 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. RApp. P. 9.141(b)(2)(D).

¶2Because the record now before us fails to make the required showing, we reverse the order and remand for an evidentiary hearing or other appropriate relief. 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.

¶3Reversed and remanded for further proceedings.

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