05-2032 WILLIAMS V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 05-2032 WILLIAMS V. STATE

Case Date: 11/23/2005

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, A.D. 2005

ANTOINE D. WILLIAMS, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** CASE NO. 3D05-2032 LOWER TRIBUNAL NO. 99-34762

Opinion filed November 23, 2005. An Appeal from the Circuit Court for Miami-Dade County, Jorge Perez, Judge. Antoine D. Williams, in proper person. Charles J. Crist Jr., Attorney General and Valentina M. Tejera, Assistant Attorney General, for appellee.

Before GERSTEN and GREEN, JJ. and SCHWARTZ, Senior Judge. 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);

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. 9.141(b) (2) (D). Reversed and remanded for further proceedings. See Fla. R. App. P.

2

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