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Johnson v. State

District Court of Appeal of Florida, Third District
Jun 28, 2006
932 So. 2d 562 (Fla. Dist. Ct. App. 2006)

Opinion

No. 3D06-1192.

June 28, 2006.

An Appeal from the Circuit Court for Miami-Dade County, Ivan F. Fernandez, Judge.

Antonio Johnson, in proper person.

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

Before GERSTEN, SUAREZ, and ROTHENBERG, JJ.


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 shows conclusively that the appellant is entitled to no relief. See Fla.R.App.P. 9.141(b)(2)(A); 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 Fla.R.App.P. 9.141(b)(2)(D); Fla.R.Crim.P. 3.850(d).

Reversed and remanded for further proceedings.


Summaries of

Johnson v. State

District Court of Appeal of Florida, Third District
Jun 28, 2006
932 So. 2d 562 (Fla. Dist. Ct. App. 2006)
Case details for

Johnson v. State

Case Details

Full title:Antonio JOHNSON, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Jun 28, 2006

Citations

932 So. 2d 562 (Fla. Dist. Ct. App. 2006)