Rivera v. State

Full title: Miguel RIVERA, Appellant, v. The STATE of Florida, Appellee.

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

Date published: Sep 5, 2012

96 So. 3d 1108 (Fla. Dist. Ct. App. 2012)

Opinion

No. 3D12–2021.

2012-09-5

Miguel RIVERA, 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. Miguel Rivera, in proper person. Pamela Jo Bondi, Attorney General, 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.
Miguel Rivera, in proper person. Pamela Jo Bondi, Attorney General, for appellee.
Before CORTIÑAS, ROTHENBERG and LOGUE, 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 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 proceeding.