LORENZO TATUM, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
LORENZO TATUM, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
957 So. 2d 1214
Florida District Court of Appeal, Third District (2007)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.800. On appeal from a summary denial, this court must reverse unless the post-conviction record shows conclusively that the appellant is not entitled to relief. See Fla. R.App. P. 9.141(b)(2)(A), (D).
Because the record now before us fails to make the required showing, we reverse the order and remand for further proceedings. 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 relief. Reversed and remanded for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
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Tatum v. State, 27 So. 3d 700 (Fla. 3d DCA 2010)…rect Illegal Sentence is DENIED. (Emphasis added). On appeal, this order was reversed, without explication, “[b]ecause the record now before us fails to make the required showing [that the defendant is not entitled to any relief].” Tatum v. State, 957 So. 2d 1214, 1214 (Fla. 3d DCA 2007). In February of 2008, Tatum filed a motion in the trial court to enforce this mandate. The motion to enforce, like Tatum’s prior two motions, raised the same issues raised and rejected by this court in 1999: WHETHER TRIAL C…
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Tatum v. State, 994 So. 2d 1231 (Fla. 3d DCA 2008)…PER CURIAM. We treat Defendant’s appeal from an order denying his “Motion for Specific Performance” as a motion to enforce our mandate in Tatum v. State, 957 So. 2d 1214 (Fla. 3d DCA 2007). In Tatum, we reversed an order denying Defendant’s Florida Rule of Criminal Procedure 3.800 motion and remanded for further proceedings. Id. These proceedings have not yet occurred. Based on the decision and accompanying mandat…