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982 So. 2d 1230

Docket No. 3D08-83.

Arias v. State

Antonio ARIAS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2008-05-28

Decided 2008-05-28

¶1Olivia D. Griffin, Miami, for appellant.

¶2Bill McCollum, Attorney General, and Lane Hodes, Assistant Attorney General, for appellee.

¶3Before RAMIREZ and SUAREZ, JJ., and SCHWARTZ, Senior Judge.

¶4PER CURIAM.

¶5This is an appeal of an order summarily denying motions 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. If the trial court again enters an order summarily denying the motions, 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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