04-0926 HANKIN V. STATE

State: Florida

Court: Florida Southern District Court

Docket No: 3d04-0926

Case Date: 09/14/2005

Plaintiff: 04-0926 HANKIN

Defendant: STATE

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
LAURENCE B. HANKIN, Appellant, vs. THE STATE OF FLORIDA, Appellee.
IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM A.D., 2005
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** CASE NO. 3D04-926
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** LOWER

TRIBUNAL NO. 95-1166 **
Opinion filed September 14, 2005.
An Appeal from the Circuit Court for Miami-Dade County,Leonard E. Glick, Judge.
Bennett H. Brummer, Public Defender, and Robert Godfrey,Assistant Public Defender, for appellant.
Charles J. Crist, Jr., Attorney General, and Angel L.Fleming, Assistant Attorney General, for appellee.
Before COPE, C.J., and SHEPHERD and ROTHENBERG, JJ.
PER CURIAM.
This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.800(a). 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 id.; 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 id.; see also Nish
v. State, 30 Fla. L. Weekly D1801 (Fla. 3d DCA July 27, 2005). Reversed and remanded for further proceedings.
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