QUINTIN BRAXTON v. STATE

State: Florida

Court: Florida Third District Court

Docket No: 10-2474

Case Date: 11/24/2010

Preview:Third District Court of Appeal
State of Florida, July Term, A.D. 2010
Opinion filed November 24, 2010. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D10-2474 Lower Tribunal Nos. 08-7479 & 09-28955 ________________

Quintin Jamar Braxton,
Appellant, vs.

The State of Florida,
Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Jose L. Fernandez, Judge. Quintin Jamar Braxton, in proper person. Bill McCollum, Attorney General, for appellee. Before GERSTEN and SUAREZ, JJ., and SCHWARTZ, Senior Judge. PER CURIAM. Quintin Jamar Braxton appeals from an order denying his motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). We

reverse and remand for attachment of records that conclusively refute Braxton's claim. On appeal from a summary denial of a Rule 3.800(a) motion, this Court must reverse unless the post-conviction record conclusively shows that the appellant is entitled to no relief. See Fla. R. App. P. 9.141(b)(2)(A), (D). Because the record now before us fails to make the required showing, we reverse the order and remand for further proceedings. If the trial court again enters an order

summarily denying the post-conviction motion, the court shall attach record excerpts conclusively showing that Braxton is entitled to no relief. Reversed and remanded for further proceedings.

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