05-2506 BRYANT V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 05-2506 BRYANT V. STATE

Case Date: 12/28/2005

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

ANTHONY J. BRYANT, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** ** LOWER TRIBUNAL NO. 98-10731 CASE NO. 3D05-2506

Opinion filed December 28, 2005. An Appeal under Florida Rule of Appellate Procedure 9.140(b)(1)(D) from the Circuit Court for Miami-Dade County, David C. Miller, Judge. Anthony J. Bryant, in proper person. Charles J. Crist, Jr., Attorney General, for appellee. Before FLETCHER, WELLS and SHEPHERD, JJ. PER CURIAM. This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.850. 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. 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 an evidentiary hearing or for the attachment of record excerpts conclusively showing that the appellant is not entitled to any relief. Reversed and remanded for further proceedings. See

2

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