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911 So. 2d 204

Herrera v. State

District Court of Appeal of Florida

Decided September 21, 2005

District Court of Appeal of Florida · decided 2005-09-21

Decided 2005-09-21

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

¶2Because the record now before us fails to make the required showing, we reverse the order and remand for a hearing or for the attachment of record excerpts conclusively showing that the appellant is not *205entitled to any relief. See id.; see also Fla. R.Crim. P. 3.850(d).

¶3Reversed and remanded for further proceedings.

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