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905 So. 2d 990

Gonzalez v. State

District Court of Appeal of Florida · decided 2005-06-29

Cited by 2 later decisions — most recently January 2008

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2005-06-29

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PER CURIAM.

¶1Roberto Hermino Gonzalez appeals an order denying his motion under Florida Rule of Criminal Procedure 3.800(a) for additional credit for time served.

¶2When a trial court summarily denies a motion for postconviction relief under Florida Rule of Criminal Procedure 3.800(a), 3.850, or 3.853, this court’s standard of review is as follows. “On appeal from the denial of relief, unless the record shows conclusively that the appellant is entitled to no relief, the order shall be reversed and the cause remanded for an evidentiary hearing or other appropriate relief.” Fla. R.App. P. 9.141(b)(2)(D). As the record now before us does not conclusively refute the appellant’s claim, we reverse the order and remand it for further proceedings consistent herewith.

¶3Reversed and remanded.

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