DE PENA v. STATE

No. 3D08-1848.

990 So.2d 1152 (2008)

John M. DE PENA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 3, 2008.


Attorney(s) appearing for the Case

John M. De Pena, in proper person.

Bill McCollum, Attorney General, for appellee.

Before RAMIREZ, SHEPHERD, 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 shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(D).

De Pena has raised a facially sufficient claim for rule 3.800(a) relief that the trial court, by summarily denying the motion, has failed to conclusively...

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