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2 So. 3d 1067

Dunn v. State

District Court of Appeal of Florida

Decided February 4, 2009

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

Cited by 1 later decisions — most recently June 2014

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2009-02-04

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PER CURIAM.

¶1 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 post-conviction record shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(D).

¶2 Michael C. Dunn has raised a facially sufficient claim for rule 3.800(a) relief that the trial court, by summarily denying the motion, has failed to conclusively refute. Because the record now before us fails to make the required showing, we reverse the order and remand for further proceedings. On remand, if the trial court again enters an order denying the post-conviction motion, the trial court shall attach written portions of the record conclusively refuting the defendant’s claim. See Fla. R.App. P. 9.141(b)(2)(D) (requiring reversal by this Court unless the record shows conclusively that the defendant is entitled to no relief).

¶3 Reversed and remanded for further proceedings.

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