BRADLEY 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 TOMENIO DELONZA BRADLEY, ** Appellant, ** vs. ** CASE NO. 3D05-1899 THE STATE OF FLORIDA, ** LOWER TRIBUNAL NO. 02-16512 Appellee. ** Opinion filed October 5, 2005. An Appeal under Fla. R. App. P. 9.141(b) (2) from the Circuit Court for Miami-Dade County, Jose M. Rodriguez, Judge. Tomenio Delonza Bradley, in proper person. Charles J. Crist, Jr., Attorney General, for appellee. Before GERSTEN, GREEN and FLETCHER, JJ. PER CURIAM. This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.800. a summary conviction denial, this record shows court must conclusively reverse that On appeal from unless the the appellant post is entitled to no relief. See Fla. R. App. P. 9.141 (b) (2) (A); 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 a hearing or for the attachment of record excerpts conclusively showing that the appellant is not entitled to any relief. See Fla. R. App. P. 9.141(b) (2) (D). Reversed and remanded for further proceedings. 2

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