06-2706 SMITH V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 06-2706 SMITH V. STATE

Case Date: 12/27/2006

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

ANTWONE SMITH, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** ** LOWER TRIBUNAL NO. 98-5977 CASE NO. 3D06-2706

Opinion filed December 27, 2006. An Appeal under Florida Rule of Appellate Procedure 9.141(b) (2) from the Circuit Court for Miami-Dade County, Jorge J. Perez, Judge. Antwone Smith, in proper person. Charles J. Crist, Jr., Attorney General, for appellee. Before WELLS, and SUAREZ, 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).

See

Because the record now before us fails to make the required showing, we reverse the order and remand for further

proceedings. denying the

If the trial court again enters an order summarily post-conviction motion, the court shall attach

record excerpts conclusively showing that the appellant is not entitled to any relief. Reversed and remanded for further proceedings. SCHWARTZ, Senior Judge, concurs in result only.

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