Filed: Aug. 09, 2017
Latest Update: Mar. 03, 2020
Summary: Third District Court of Appeal State of Florida Opinion filed August 9, 2017. Not final until disposition of timely filed motion for rehearing. _ No. 3D17-75 Lower Tribunal Nos. 11-5967 & 12-27426B _ Norberto Jambrina, 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, Ellen Sue Venzer, Judge. Norberto Jambrina, in proper person. Pamela Jo Bondi, Attorney General, and Joanne Diez, Assistant
Summary: Third District Court of Appeal State of Florida Opinion filed August 9, 2017. Not final until disposition of timely filed motion for rehearing. _ No. 3D17-75 Lower Tribunal Nos. 11-5967 & 12-27426B _ Norberto Jambrina, 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, Ellen Sue Venzer, Judge. Norberto Jambrina, in proper person. Pamela Jo Bondi, Attorney General, and Joanne Diez, Assistant A..
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Third District Court of Appeal State of Florida Opinion filed August 9, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D17-75 Lower Tribunal Nos. 11-5967 & 12-27426B ________________ Norberto Jambrina, 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, Ellen Sue Venzer, Judge. Norberto Jambrina, in proper person. Pamela Jo Bondi, Attorney General, and Joanne Diez, Assistant Attorney General, for appellee. Before LOGUE, SCALES and LINDSEY, JJ. PER CURIAM. This is an appeal from an order summarily denying a motion under Florida Rule of Criminal Procedure 3.801(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. The trial court shall expedite its review. 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