Fernandez v. State

Full title: Carrasco Alain FERNANDEZ, Appellant, v. The STATE of Florida, Appellee.

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

Date published: Mar 13, 2013

109 So. 3d 864 (Fla. Dist. Ct. App. 2013)

Opinion

No. 3D13–162.

2013-03-13

Carrasco Alain FERNANDEZ, 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, Thomas Rebull, Judge. Carrasco Alain Fernandez, in proper person. Pamela Jo Bondi, Attorney General, and for appellee.

PER CURIAM.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami–Dade County, Thomas Rebull, Judge.

Carrasco Alain Fernandez, in proper person. Pamela Jo Bondi, Attorney General, and for appellee.
Before ROTHENBERG, EMAS and LOGUE, 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 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 further proceedings. 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.