KEVIN EARL WADLEY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2012-11-07
No. 3D12-2528
Before WELLS, C.J., and SHEPHERD and LAGOA, JJ.
100 So. 3d 265 Florida District Court of Appeal, Third District (2012) Positive Treatment
Cited by 1 case
Topics
Evidentiary Hearing Postconviction Relief

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Opinion of the Court
WELLS, Chief Judge.

WELLS, Chief Judge.

Kevin Earl Wadley appeals an order summarily denying his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850 without an evi-dentiary hearing. On appeal from a summary denial, this court must reverse unless the post-conviction 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).

Because the record now before us fails to make the required showing,1 we reverse the order on appeal for the attachment of record excerpts conclusively showing that Wadley is not entitled to relief, or for an evidentiary hearing.

Reversed and remanded for further proceedings.

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