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993 So. 2d 597

Docket No. 3D08-2536.

Johnson v. State

Dewey JOHNSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 29, 2008.

District Court of Appeal of Florida · decided 2008-10-29

Cited by 4 later decisions — most recently May 2012

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2008-10-29

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¶1Dewey Johnson, in proper person.

¶2Bill McCollum, Attorney General, for appellee.

¶3Before SUAREZ, CORTIÑAS, and ROTHENBERG, 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, 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 post-conviction 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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