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990 So. 2d 1152

Docket No. 3D08-1848.

DE PENA v. State

John M. DE PENA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided September 3, 2008.

District Court of Appeal of Florida · decided 2008-09-03

Cited by 1 later decisions — most recently January 2013

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2008-09-03

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¶1John M. De Pena, in proper person.

¶2Bill McCollum, Attorney General, for appellee.

¶3Before RAMIREZ, SHEPHERD, and SALTER, 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 post-conviction record shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(D).

¶6De Pena has raised a facially sufficient claim for rule 3.800(a) relief that the trial court, by summarily denying the motion, has failed to conclusively refute. Because the record now before us fails to make the required showing, we reverse the order and remand for further proceedings. On remand, if the trial court again enters an order denying the post-conviction motion, the trial court shall attach written portions of the record conclusively refuting the defendant's claim. See Fla. R.App. P. 9.141(b)(2)(D) (requiring reversal by this *1153 Court unless the record shows conclusively that the defendant is entitled to no relief).

¶7Reversed and remanded for further proceedings.

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