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911 So. 2d 245

Baez v. State

District Court of Appeal of Florida

Decided September 28, 2005

District Court of Appeal of Florida · decided 2005-09-28

Relies on Nish v. State

Decided 2005-09-28

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; 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 a hearing or for the attachment of record excerpts conclusively showing that the appellant is not entitled to any relief. See id.; see also Nish v. State, 907 So.2d 650 (Fla. 3d DCA July 27, 2005).

¶3Reversed and remanded for further proceedings.

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