Felix RIVERA, Appellant, v. The STATE of Florida, Appellee.
District Court of Appeal of Florida, Third District
· September 12, 2018 · Docket No. 3D17-1790
252 So. 3d 429
Syllabus
Felix RIVERA, Appellant, v. The STATE of Florida, Appellee. No. 3D17-1790 District Court of Appeal of Florida, Third District. Opinion filed September 12, 2018 Felix Rivera, in proper person. Pamela Jo Bondi, Attorney General, and Marlon J. Weiss, Assistant Attorney General, for appellee. Before LAGOA, FERNANDEZ and LUCK, JJ. ON CONFESSION OF ERROR
Full Opinion (667 characters)
PER CURIAM. 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). As the state properly concedes, because the record now before us fails to make the required showing, we reverse the order and remand for the trial court to attach record excerpts conclusively showing that the appellant is not entitled to any relief, or an evidentiary hearing. Reversed and remanded for further proceedings.
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