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948 So. 2d 870

Colon v. State

District Court of Appeal of Florida

Decided February 7, 2007

District Court of Appeal of Florida · decided 2007-02-07

Cited by 1 later decisions — most recently May 2016

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2007-02-07

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PER CURIAM.

¶1This 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, see Fla. R.App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See Fla. RApp. 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 an evidentiary hearing or other appropriate relief. If the trial court again enters an order summarily denying the post conviction motion, the court shall attach record excerpts conclusively showing that the appellant is not entitled to any relief.

¶3Reversed and remanded for further proceedings.

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