06-0066 DAWSON V. STATE

State: Florida

Court: Florida Southern District Court

Docket No: 3d06-0066

Case Date: 05/10/2006

Plaintiff: 06-0066 DAWSON

Defendant: STATE

Preview:NOT FINAL UNTIL TIME EXPIRES
TO FILE REHEARING MOTION
AND, IF FILED, DISPOSED OF.

FRANKLYN DAWSON, A/K/A
FRANKLIN TAMAR DAWSON

Appellant,

vs.

THE STATE OF FLORIDA,

Appellee.
IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

THIRD DISTRICT

JANUARY TERM, A.D. 2006

**

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** CASE NO. 3D06-66

** LOWER
TRIBUNAL NOS.04-30393
   04-30390
   04-30389 04-30387
   04-30309
   04-30212 04-30211 04-27257

Opinion filed May 10, 2006.

An Appeal from the Circuit Court for Miami-Dade County, Julio E. Jimenez, Judge.

Franklyn Dawson, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

Before LEVY, GERSTEN, and FLETCHER, JJ.

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 entitled to no 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 a hearing or for the attachment of record excerpts conclusively showing that the appellant is not entitled to any relief.  See Fla. R. App. P. 9.141(b)(2)(D).
Reversed and remanded for further proceedings.

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