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992 So. 2d 292

Docket No. 3D07-1933.

Bruton v. State

Edward BRUTON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided September 17, 2008.

District Court of Appeal of Florida · decided 2008-09-17

Decided 2008-09-17

¶1Edward Bruton, in proper person.

¶2Bill McCollum, Attorney General, and Richard L. Polin, Assistant Attorney General, for appellee.

¶3*293 Before COPE, SUAREZ, and LAGOA, JJ.

¶4PER CURIAM.

¶5This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.850. 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).

¶6The record now before us fails to make the required showing regarding Issue C. The relevant parts of the transcript were not attached to the denial order. We reverse the order as to Issue C only and remand for further consideration. 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 any relief. We affirm the denial of relief on the remaining issues.

¶7Reversed and remanded for further proceedings.

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