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Wilson v. State

District Court of Appeal of Florida, Third District
Sep 26, 2006
937 So. 2d 143 (Fla. Dist. Ct. App. 2006)

Opinion

No. 3D05-2482.

April 19, 2006. Rehearing Denied September 26, 2006.

An Appeal from the Circuit Court for Miami-Dade County, Israel Reyes, Judge.

Anthony B. Wilson, in proper person.

Charles J. Crist, Jr., Attorney General, and Jill K. Traina, Assistant Attorney General, for appellee.

Before GERSTEN, FLETCHER, and SUAREZ, 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 post-conviction record shows conclusively that the appellant is entitled to no relief. See Fla.R.App.P. 9.141(b)(2)(A); 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 a hearing or for the attachment of record excerpts conclusively showing that the appellant is not entitled to any relief. See Fla. R.App. P. 9.141(b)(2)(D).

Reversed and remanded for further proceedings.


Summaries of

Wilson v. State

District Court of Appeal of Florida, Third District
Sep 26, 2006
937 So. 2d 143 (Fla. Dist. Ct. App. 2006)
Case details for

Wilson v. State

Case Details

Full title:Anthony B. WILSON, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Sep 26, 2006

Citations

937 So. 2d 143 (Fla. Dist. Ct. App. 2006)