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943 So. 2d 291

Docket No. 3D06-1498.

Perez-Boza v. State

Rainer PEREZ-BOZA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 29, 2006.

District Court of Appeal of Florida · decided 2006-11-29

Cited by 3 later decisions — most recently July 2012

3 state decisions

Key passage — most relied on by later courts

“On appeal from a summary denial, this court must reverse unless the postconviction record, see Fla. R.App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(D).”

quoted by 2 later decisions, including Phillips v. State, 959 So. 2d 1260 - Brothers v. State

Relies on Lundy v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2006-11-29

View the full empirical analysis of this case →

¶1Rainer Perez-Boza, in proper person.

¶2Charles J. Crist, Jr., Attorney General, and William J. Selinger, Assistant Attorney General, for appellee.

¶3Before FLETCHER and SHEPHERD, JJ., and SCHWARTZ, Senior Judge.

¶4PER CURIAM.

¶5This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.800(a). On appeal from a summary denial, this court must reverse unless the postconviction record, see Fla. R.App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(D).

¶6Defendant argues that he is entitled to jail-time credit which was not waived as part of a plea agreement. Because the record now before us fails to make the required showing, see Lundy v. State,912 So.2d 671 (Fla. 3d DCA 2005), we reverse the order and remand for further proceedings or for the attachment of record excerpts *292 conclusively showing that the appellant is not entitled to any relief.

¶7Reversed and remanded for further proceedings.

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