GONZALEZ FEO V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2005 ANTHONIO GONZALEZ FEO, Appellant, vs. ** ** ** STATE OF FLORIDA, Appellee. CASE NO. 3D05-1465 ** ** LOWER TRIBUNAL NO. 00-32884B ** Opinion filed July 27, 2005. An Appeal from the Circuit Court for Miami-Dade County, Sara I. Zabel, Judge. Anthonio Gonzalez, in proper person. Charles J. Crist, Jr., Attorney General, for appellee. Before RAMIREZ, SUAREZ, and CORTIÃ AS, 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 Id. at 9.141(b)(2)(D). Because the record now before us fails to make the required showing, we reverse the order and remand for a hearing or for the attachment of record excerpts showing that the appellant is not entitled to any relief. See Id.; see also Fla. R. Crim. P. 3.850(d). Reversed and remanded for further proceedings. 2

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