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19 So. 3d 432

Martin v. State

District Court of Appeal of Florida

Decided September 23, 2009

District Court of Appeal of Florida · decided 2009-09-23

Cited by 1 later decisions — most recently January 2010

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2009-09-23

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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. R.App. P. 9.141(b)(2)(D).

¶2The trial court’s order and the State’s response cite several times to different portions of the trial transcript but these were neither attached nor provided to this Court. 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 post conviction 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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