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943 So. 2d 249

Docket No. 3D06-2182.

Penn v. State

Patrick PENN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 8, 2006.

District Court of Appeal of Florida · decided 2006-11-08

Decided 2006-11-08

¶1Patrick Penn, in proper person.

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

¶3Before GERSTEN, GREEN, and RAMIREZ, JJ.

¶4PER CURIAM.

¶5This is an appeal of 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 post-conviction record shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(A), (D).

¶6Because 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).

¶7Reversed and remanded for further proceedings.

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