05-1688 CROSBY V. STATE

State: Florida

Court: Florida Southern District Court

Docket No: 3d05-1688

Case Date: 09/28/2005

Plaintiff: 05-1688 CROSBY

Defendant: STATE

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND,IF FILED, DISPOSED OF.
IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, 2005
TERRICK M. CROSBY,  **
Appellant,  **
vs.  **  CASE NO. 3D05-1688

THE STATE OF FLORIDA, ** LOWER TRIBUNAL NOS. 96-3165 Appellee. ** 04-6095
Opinion filed September 28, 2005.
An Appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit

Court for Miami-Dade County, David C. Miller, Judge. Terrick M. Crosby, in proper person. Charles J. Crist, Jr., Attorney General, for appellee.
Before LEVY, GERSTEN, and SUAREZ, JJ.
PER CURIAM.
This is an appeal of an Order summarily denying a motion under Florida Rule of Criminal Procedure 3.800(a). This Court must reverse any Order summarily denied unless the postconviction Record, see Fla. R. App. P. 9.141(b)(2)(A), conclusively establishes that the appellant is not entitled to relief.  See id.; see also Fla. R. App. P. 9.141(b)(2)(D).
Because the Record before us fails to make the required showing, we reverse the Order on appeal and remand for an evidentiary hearing, or for the attachment of Record excerpts conclusively showing that the appellant is not entitled to relief.
See id.; see also Fla. R. Crim. P. 3.850(d).
Reversed and remanded for further proceedings.
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