Herrera v. State

Full title: Jesus HERRERA, Appellant, v. The STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Third District.

Date published: Nov 28, 2012

128 So. 3d 49 (Fla. Dist. Ct. App. 2012)

Opinion

No. 3D12–2698.

2012-11-28

Jesus HERRERA, Appellant, v. The STATE of Florida, Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami–Dade County, Ariana Fajardo, Judge. Jesus Herrera, in proper person. Pamela Jo Bondi, Attorney General, for appellee.

PER CURIAM.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami–Dade County, Ariana Fajardo, Judge.
Jesus Herrera, in proper person. Pamela Jo Bondi, Attorney General, for appellee.
Before WELLS, C.J., and SHEPHERD and LAGOA, JJ.

PER CURIAM.

This 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, seeFla. R.App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. SeeFla. R.App. P. 9.141(b)(2)(D).

Because the record now before us fails to make the required showing, we reverse the order and remand for an evidentiary hearing or other appropriate relief. If the trial court again enters an order summarily denying the postconviction motion, the court shall attach record excerpts conclusively showing that the appellant is not entitled to any relief.

Reversed and remanded for further proceedings.