Miller v. State

Full title: Tommy MILLER, Appellant, v. The STATE of Florida, Appellee.

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

Date published: Dec 5, 2012

103 So. 3d 226 (Fla. Dist. Ct. App. 2012)

Opinion

No. 3D12–2578.

2012-12-5

Tommy MILLER, 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, Rodney Smith, Judge. Tommy Miller, in proper person. Pamela Jo Bondi, Attorney General, and Brent J. Kelleher, Assistant 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, Rodney Smith, Judge.
Tommy Miller, in proper person. Pamela Jo Bondi, Attorney General, and Brent J. Kelleher, Assistant Attorney General, for appellee.
Before SHEPHERD, CORTIÑAS and FERNANDEZ, JJ.

PER CURIAM.

This is an appeal of an order summarily denying a motion filed under Florida Rule of Criminal Procedure 3.800(a). On appeal from a summary denial, this Court must reverse unless the post-conviction 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 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.