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2 So. 3d 1066

Jackson v. State

District Court of Appeal of Florida

Decided February 4, 2009

District Court of Appeal of Florida · decided 2009-02-04

Relies on 947 So. 2d 460 - Langdon v. State

Decided 2009-02-04

PER CURIAM.

¶1This 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 shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(A), (D).

¶2Because the trial court denied relief without attaching records, we must reverse 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 2006).

¶3Reversed and remanded for further proceedings.

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