HOLTON v. STATE (2007)

District Court of Appeal of Florida,Third District.

Quanell HOLTON, Appellant, v. The STATE of Florida, Appellee.

No. 3D07-1390.

Decided: September 05, 2007

Before GERSTEN, C.J., and GREEN, and SUAREZ, JJ.

Quanell Holton, in proper person. Bill McCollum, Attorney General, for appellee.

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 post-conviction record shows conclusively 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 the appellant is not entitled to relief.

Reversed and remanded for further proceedings.

PER CURIAM.

Was this helpful?

Easy to understand

Solved my problem

Other

Missing the information I need

Too complicated / too many steps

Out of date

Other

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go to Learn About the Law