Saldane v. State

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

Court: District Court of Appeal of Florida, Third District

Date published: Mar 15, 2006

923 So. 2d 1198 (Fla. Dist. Ct. App. 2006)

Opinion

No. 3D06-187.

March 15, 2006.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Henry Leyte-Vidal, Judge.

Jose Miguel Saldane, in proper person.

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

Before COPE, C.J., and WELLS and SUAREZ, JJ.

PER CURIAM.

This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.800(a). The appellant contends that he does not qualify as a habitual offender. See Bover v. State, 797 So.2d 1246 (Fla. 2001). 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 further proceedings or for the attachment of record excerpts conclusively showing that the appellant is not entitled to any relief.

Reversed and remanded for further proceedings.