Elawyers Elawyers
Ohio| Change

Gillis v. State, 3D10-3226 (2011)

Court: District Court of Appeal of Florida Number: 3D10-3226 Visitors: 18
Judges: Ramirez, C.J., and Gersten and Salter
Filed: Feb. 09, 2011
Latest Update: Mar. 02, 2020
Summary: 54 So. 3d 584 (2011) Ranier GILLIS, Appellant, v. The STATE of Florida, Appellee. No. 3D10-3226. District Court of Appeal of Florida, Third District. February 9, 2011. Ranier Gillis, in proper person. Pamela Jo Bondi, Attorney General, for appellee. Before RAMIREZ, C.J., and GERSTEN and SALTER, 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 post-convict
More
54 So. 3d 584 (2011)

Ranier GILLIS, Appellant,
v.
The STATE of Florida, Appellee.

No. 3D10-3226.

District Court of Appeal of Florida, Third District.

February 9, 2011.

Ranier Gillis, in proper person.

Pamela Jo Bondi, Attorney General, for appellee.

Before RAMIREZ, C.J., and GERSTEN and SALTER, 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 post-conviction record, see Florida Rules of Appellate Procedure 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 post-conviction motion, the court shall attach record excerpts conclusively showing that the appellant is not entitled to any relief.

Reversed and remanded for further proceedings.

Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer