KATWAROO v. STATE (2021)

Deryck Lee Katwaroo (“Appellant”) is seeking review of the postconviction court's order summarily denying as successive his pro se Florida Rule of Criminal Procedure 3.802 “Motion for Review Sentences for Juvenile Offenders.” The court did not attach any records to support its finding. This was error. See Fla. R. App. P. 9.141(b)(2)(D) (providing that an appellate court “shall” reverse summary denial of relief on a postconviction motion, including those filed pursuant to Rule 3.802, “unless the record shows conclusively that the appellant is entitled to no relief” and the cause will be “remanded for an evidentiary hearing or other appropriate relief”); see also Weiand v. State, 325 So. 3d 116 (Fla. 5th DCA May 29, 2020) (finding postconviction court erred when it summarily denied appellant's Rule 3.802 “Motion for Review of Juvenile Sentence” without attaching transcripts to order conclusively refuting appellant's claims for relief).

Accordingly, we reverse and remand for the postconviction court to attach records to conclusively prove that Appellant is not entitled to relief or to hold a judicial review hearing.

REVERSED and REMANDED.

HARRIS, J.

LAMBERT, C.J. and SASSO, J., concur.