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919 So. 2d 617

Diaz v. State

District Court of Appeal of Florida

Decided January 18, 2006

District Court of Appeal of Florida · decided 2006-01-18

Decided 2006-01-18

PER CURIAM.

¶1This is an appeal from an order summarily denying a motion under Florida Rule of Criminal Procedure 3.850. On appeal from a summary denial, this court must reverse unless the postconviction record shows conclusively that the appellant is not entitled to any relief. See Fla. R.App. P. 9.141(b)(2)(A).

¶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 Fla. R.Crim. P. 3.850(d).

¶3Reversed and remanded for further proceedings.

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