06-1498 PEREZ-BOZA V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 06-1498 PEREZ-BOZA V. STATE

Case Date: 11/29/2006

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. 2006

RAINER PEREZ-BOZA, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** ** LOWER TRIBUNAL NO. 04-21353 CASE NO. 3D06-1498

Opinion filed November 29, 2006. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Mark King Leban, Judge. Rainer Perez-Boza, in proper person. Charles J. Crist, Jr., Attorney General, and William J. Selinger, Assistant Attorney General, for appellee. Before FLETCHER and SHEPHERD, 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(a). 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). Defendant argues that he is entitled to jail-time credit which was not waived as part of a plea agreement. Because the See

record now before us fails to make the required showing, see Lundy v. State, 912 So. 2d 671 (Fla. 3d DCA 2005), we reverse the order and of remand record for further proceedings or for that the the

attachment

excerpts

conclusively

showing

appellant is not entitled to any relief. Reversed and remanded for further proceedings.

2

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