PENN 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. 2006 PATRICK PENN, ** Appellant, ** vs. ** CASE NO. 3D06-2182 THE STATE OF FLORIDA, ** Appellee. ** LOWER TRIBUNAL NO. 02-3937 ** Opinion filed November 8, 2006 An Appeal under Florida Rule of Appellate Procedure 9.141(b) (2) from the Circuit Court for Miami-Dade County, William Thomas, Judge. Patrick Penn, in proper person. Charles J. Crist, Jr., Attorney General, for appellee. Before GERSTEN, GREEN, and RAMIREZ, JJ. PER CURIAM. This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.850. a summary conviction denial, this record shows Court must reverse conclusively that On appeal from unless the the post- appellant is entitled to no relief. See Fla. R. App. P. 9.141 (b) (2) (A), (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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