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96 So. 3d 1108

Rivera v. State

District Court of Appeal of Florida

Decided September 5, 2012

District Court of Appeal of Florida · decided 2012-09-05

Decided 2012-09-05

PER CURIAM.

¶1This 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).

¶2Because 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 *1109order summarily denying the postconviction motion, the court shall attach record excerpts conclusively showing that the appellant is not entitled to any relief.

¶3Reversed and remanded for further proceeding.

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