Public-domain · open source
OpenJurist

957 So. 2d 1214

Docket No. 3D05-2816.

Tatum v. State

Lorenzo TATUM, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2007-04-25

Decided 2007-04-25

¶1Lorenzo Tatum, in proper person.

¶2Bill McCollum, Attorney General, and Juliet S. Fattel, Assistant Attorney General, for appellee.

¶3Before GERSTEN, FLETCHER, and SUAREZ, JJ.

¶4PER CURIAM.

¶5This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.800. On appeal from a summary denial, this court must reverse unless the post-conviction record shows conclusively that the appellant is not entitled to 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 further proceedings. 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 relief.

¶7*1215 Reversed and remanded for further proceedings.

/957/so2d/1214 · .json · Public domain