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911 So. 2d 258

Crosby v. State

District Court of Appeal of Florida

Decided September 28, 2005

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

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). This Court must reverse any Order summarily denied unless the postconviction Record, see Fla. RApp. P. 9.141(b)(2)(A), conclusively establishes that the appellant is not entitled to relief. See id.; see also Fla. R.App. P. 9.141(b)(2)(D).

¶2Because the Record before us fails to make the required showing, we reverse the Order on appeal and remand for an evi-dentiary hearing, or for the attachment of Record excerpts conclusively showing that the appellant is not entitled to relief. See id.; see also Fla. R.Crim. P. 3.850(d).

¶3Reversed and remanded for further proceedings.

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