Opinion
Case No. 3D05-2465.
Opinion filed January 11, 2006.
An Appeal under Florida Rule of Appellate Procedure 9.141(b) (2) from the Circuit Court for Miami-Dade County, Jorge Perez, Judge, Lower Tribunal No. 00-40261.
Rosa E. Torrealba, in proper person.
Charles J. Crist, Jr., Attorney General, for appellee.
Before COPE, C.J., and GERSTEN and SUAREZ, JJ.
Rosa Elena Torrealba appeals an order denying her motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We affirm in part and reverse in part.
In the trial court, the State filed a response to the motion of defendant-appellant Torrealba. The trial court summarily denied the motion. There were no record attachments to the State's response or the trial court's order.
We concur with the trial court's denial of relief on points one, two, three, seven, and eleven.
With regard to the remaining points, we return the matter to the trial court for further consideration. On appeal from a summary denial of a Rule 3.850 motion, 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)(D). Because the record now before us fails to make the required showing, we reverse the order and remand for attachment of record excerpts conclusively showing that the appellant is not entitled to any relief, or for an evidentiary hearing.
Reversed and remanded for further proceedings consistent herewith.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.