Public-domain · open source
OpenJurist

932 So. 2d 562

Johnson v. State

District Court of Appeal of Florida · decided 2006-06-28

Cited by 2 later decisions — most recently December 2011

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2006-06-28

View the full empirical analysis of this case →

PER CURIAM.

¶1This is an appeal of an order summarily denying a motion under Florida Rule of *563Criminal Procedure 3.850. On appeal from a summary denial, this court must reverse unless the postconviction record shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(A); 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 Fla. R.App. P. 9.141(b)(2)(D); Fla. R.Crim. P. 3.850(d).

¶3Reversed and remanded for further proceedings.

/932/so2d/562 · .json · Public domain