Public-domain · open source
OpenJurist

920 So. 2d 1154

Docket No. 3D05-2603.

Porter v. State

Vernon B. PORTER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided February 1, 2006.

District Court of Appeal of Florida · decided 2006-02-01

Cited by 1 later decisions — most recently April 2008

1 state decisions

Relies on Jackson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2006-02-01

View the full empirical analysis of this case →

¶1Vernon D. Porter, in proper person.

¶2Charles J. Crist, Jr., Attorney General, for appellee.

¶3Before FLETCHER, WELLS, and SHEPHERD, JJ.

¶4PER CURIAM.

¶5Vernon D. Porter appeals from an order summarily denying his pro se Rule 3.850 motion. Because the record before this court fails to conclusively demonstrate that Porter is not entitled to any relief, we reverse the denial of the motion for post-conviction relief. See Fla. R.App. P. 9.141(b)(2)(D)("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.") On remand, the trial court may either summarily deny the motion and attach to its order those portions of the record which conclusively show that Porter is entitled to no relief, or it may conduct other appropriate proceedings and then rule on the motion. See*1155Jackson v. State,908 So.2d 1133, 1134 (Fla. 3d DCA 2005).

/920/so2d/1154 · .json · Public domain