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957 So. 2d 700

Docket No. 3D07-923.

Holladay v. State

Gary HOLLADAY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2007-05-23

Cited by 1 later decisions — most recently October 2007

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2007-05-23

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¶1Gary Holladay, in proper person.

¶2Bill McCollum, Attorney General, for appellee.

¶3Before COPE, C.J., and FLETCHER and LAGOA, JJ.

¶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).

¶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 postconviction motion, the court shall attach record excerpts conclusively showing that the appellant is not entitled to any relief.

¶7Reversed and remanded for further proceedings.

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