DYRREN BARBER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2007-03-07
No. 3D06-2931
Before SHEPHERD, SUAREZ, and ROTHENBERG, JJ.
951 So. 2d 49 Florida District Court of Appeal, Third District (2007) Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.

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 post-conviction record, see Fla. RApp. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See Fla. RApp. 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 an evidentiary hearing or other appropriate relief. If the trial court again enters an order summarily denying the post-conviction motion, the court shall attach record excerpts conclusively showing that the appellant is not entitled to any relief.

Reversed and remanded for further proceedings.

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  • Jefferson v. State (Fla. 3d DCA 2021)
    …A 2010) (“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 on the stated claims.”); Barber v. State, 951 So. 2d 49, 50 (Fla. 3d DCA 2007); Thermidor v. State, 947 So. 2d 1253 (Fla. 3d DCA 2007). Reversed and remanded.…

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