05-2182 MESTRES V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 05-2182 MESTRES V. STATE

Case Date: 12/07/2005

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

ROBERT MESTRES, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** CASE NO. 3D05-2182 91-32709

LOWER TRIBUNAL NO.

Opinion filed December 7, 2005. An Appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit Court of Miami-Dade County, David C. Miller, Judge. Robert Mestres, in proper person. Charles J. Crist, Jr., Attorney General, for appellee. Before FLETCHER, RAMIREZ, 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). 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. 3.800(a).

See Fla. R. Crim. P.

Reversed and remanded for further proceedings.

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