Avila v. State

Full title: Gary Avila, Appellant, v. The State of Florida, Appellee.

Court: Third District Court of Appeal State of Florida

Date published: Jan 2, 2012

No. 3D12-2955 (Fla. Dist. Ct. App. Jan. 2, 2012)

Opinion

No. 3D12-2955 Lower Tribunal No. 08-14746 Lower Tribunal No. 08-14743

01-02-2012

Gary Avila, Appellant, v. The State of Florida, Appellee.

Gary Avila, in proper person. Pamela Jo Bondi, Attorney General, for appellee.

SUAREZ

Not final until disposition of timely filed motion for rehearing.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Jorge Rodriguez Chomat, Judge.

Gary Avila, in proper person.

Pamela Jo Bondi, Attorney General, for appellee. Before SUAREZ, LAGOA and SALTER, JJ.

SUAREZ, J.

This 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)(A), (D).

Because 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.

Reversed and remanded for further proceedings.