VELEZ V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 12-1087

Case Date: 06/06/2012

Preview:Third District Court of Appeal
State of Florida, January Term, A.D. 2012
Opinion filed June 06, 2012. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D12-1087 Lower Tribunal No. 08-16805 ________________

Jose Antonio Velez,
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, Stacy Glick, Judge. Jose Antonio Velez, in proper person. Pamela Jo Bondi, Attorney General, for appellee.

Before SUAREZ, ROTHENBERG, and EMAS, 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 postconviction record, see Fla. R. App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See 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 further proceedings. If the trial court again enters an order summarily denying the postconviction motion, the court shall attach record excerpts conclusively showing that the appellant is not entitled to any relief. Reversed and remanded for further proceeding.

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