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212 So. 3d 472

Mazzi v. State

District Court of Appeal of Florida

Decided February 15, 2017

District Court of Appeal of Florida · decided 2017-02-15

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

Decided 2017-02-15

PER CURIAM.

¶1This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.801. 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).

¶2Because the record now before us fails to make the required showing, we reverse the order 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 2007). 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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