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Baez v. State

District Court of Appeal of Florida, Third District
Sep 28, 2005
911 So. 2d 245 (Fla. Dist. Ct. App. 2005)

Opinion

No. 3D05-1886.

September 28, 2005.

An Appeal from the Circuit Court for Miami-Dade County, David C. Miller, Judge.

Aded Baez, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

Before COPE, C.J., and SHEPHERD, J., and SCHWARTZ, Senior Judge.


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 postconviction record, see Fla.R.App.P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See id; Fla. 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 a hearing or for the attachment of record excerpts conclusively showing that the appellant is not entitled to any relief. See id.; see also Nish v. State, 907 So.2d 650 (Fla. 3d DCA July 27, 2005).

Reversed and remanded for further proceedings.


Summaries of

Baez v. State

District Court of Appeal of Florida, Third District
Sep 28, 2005
911 So. 2d 245 (Fla. Dist. Ct. App. 2005)
Case details for

Baez v. State

Case Details

Full title:Aded BAEZ, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Sep 28, 2005

Citations

911 So. 2d 245 (Fla. Dist. Ct. App. 2005)