95 So. 3d 414

Alberto REYES, Appellant, v. The STATE of Florida, Appellee.

No. 3D12-819.

District Court of Appeal of Florida, Third District.

Aug. 8, 2012.

Alberto Reyes, in proper person.

Pamela Jo Bondi, Attorney General, for appellee.

Before SUAREZ and FERNANDEZ, JJ., and SCHWARTZ, Senior Judge.

SUAREZ, J.

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).

The appellant claims that the written sentence does not conform to the trial court’s oral pronouncement of sentence made at the plea hearing. 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 any relief.

*415Reversed and remanded for further proceedings.

Reyes v. State
95 So. 3d 414

Case Details

Name
Reyes v. State
Decision Date
Aug 8, 2012
Citations

95 So. 3d 414

Jurisdiction
Florida

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!