Filed: Nov. 19, 2014
Latest Update: Mar. 02, 2020
Summary: Third District Court of Appeal State of Florida Opinion filed November 19, 2014. Not final until disposition of timely filed motion for rehearing. _ No. 3D14-2440 Lower Tribunal No. 92-18900 _ Jorge F. Peguero, 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 D. Glick, Judge. Jorge F. Peguero, in proper person. Pamela Jo Bondi, Attorney General, for appellee. Before ROTHENBERG, FERNA
Summary: Third District Court of Appeal State of Florida Opinion filed November 19, 2014. Not final until disposition of timely filed motion for rehearing. _ No. 3D14-2440 Lower Tribunal No. 92-18900 _ Jorge F. Peguero, 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 D. Glick, Judge. Jorge F. Peguero, in proper person. Pamela Jo Bondi, Attorney General, for appellee. Before ROTHENBERG, FERNAN..
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Third District Court of Appeal State of Florida Opinion filed November 19, 2014. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D14-2440 Lower Tribunal No. 92-18900 ________________ Jorge F. Peguero, 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 D. Glick, Judge. Jorge F. Peguero, in proper person. Pamela Jo Bondi, Attorney General, for appellee. Before ROTHENBERG, FERNANDEZ, and LOGUE, 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 proceedings. 2
