Milbrook v. State

Full title: Jerry Carl Milbrook, Appellant, v. The State of Florida, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Dec 31, 2008

No. 3D08-2990 (Fla. Dist. Ct. App. Dec. 31, 2008)

Opinion

No. 3D08-2990.

Opinion filed December 31, 2008.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, William Thomas, Judge. Lower Tribunal No. 74-430.

Jerry Carl Milbrook, in proper person.

Bill McCollum, Attorney General, for appellee.

Before CORTIÑAS, ROTHENBERG, and LAGOA, JJ.

PER CURIAM.

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 post-conviction record, see Fla.R.App.P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See 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 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.

Not final until disposition of timely filed motion for rehearing.