Summary
applying a de novo standard of review to the summary denial of a postconviction motion filed pursuant to rule 3.853
Summary of this case from Tisdale v. StateOpinion
No. 3D05-1142.
June 29, 2005.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Julio E. Jimenez, Judge.
Roberto H. Gonzalez, in proper person.
Charles J. Crist, Jr., Attorney General, for appellee.
Before COPE, SHEPHERD and ROTHENBERG, JJ.
Roberto Hermino Gonzalez appeals an order denying his motion under Florida Rule of Criminal Procedure 3.800(a) for additional credit for time served.
When a trial court summarily denies a motion for postconviction relief under Florida Rule of Criminal Procedure 3.800(a), 3.850, or 3.853, this court's standard of review is as follows. "On appeal from the denial of relief, unless the record shows conclusively that the appellant is entitled to no relief, the order shall be reversed and the cause remanded for an evidentiary hearing or other appropriate relief." Fla.R.App.P. 9.141(b)(2)(D). As the record now before us does not conclusively refute the appellant's claim, we reverse the order and remand it for further proceedings consistent herewith.
Reversed and remanded.