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PAL v. STATE

District Court of Appeal of Florida, Third District
Jun 28, 2006
Case No. 3D06-1038 (Fla. Dist. Ct. App. Jun. 28, 2006)

Opinion

Case No. 3D06-1038.

Opinion filed June 28, 2006.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Mary Barzee, Judge, Lower Tribunal No. 02-22483, 02-22920.

Juan C. Pal, in proper person.

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

Before FLETCHER, RAMIREZ, and SHEPHERD, 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, 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 an evidentiary hearing or for the attachment of record excerpts conclusively showing that the appellant is not entitled to any relief.

Reversed and remanded for further proceedings.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.


Summaries of

PAL v. STATE

District Court of Appeal of Florida, Third District
Jun 28, 2006
Case No. 3D06-1038 (Fla. Dist. Ct. App. Jun. 28, 2006)
Case details for

PAL v. STATE

Case Details

Full title:JUAN C. PAL, Appellant, v. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Jun 28, 2006

Citations

Case No. 3D06-1038 (Fla. Dist. Ct. App. Jun. 28, 2006)