Third District Court of Appeal
State of Florida, January Term, A.D. 2007
Opinion filed May 23, 2007.
Not final until disposition of timely filed motion for rehearing.
Lower Tribunal No. 02-6155
Everett A. Oliver,
The State of Florida,
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the
Circuit Court for Miami-Dade County, William Thomas, Judge.
Everett A. Oliver, in proper person.
Bill McCollum, Attorney General, for appellee.
Before RAMIREZ, CORTIÑAS, and ROTHENBERG, JJ.
This is an appeal of an order summarily denying a motion under Florida
Rule of Criminal Procedure 3.850. On appeal from a summary denial, this court
must reverse unless the post-conviction record, see Fla. R. App. P. 9.141(b)(2)(A),
shows conclusively that the appellant is entitled to no relief. See Fla. R. App. P.
Because the record now before us fails to make the required showing, we
reverse the order and remand for an evidentiary hearing or other appropriate relief.
If the trial court again enters an order summarily denying the post-conviction
motion, the court shall attach record excerpts conclusively showing that the
appellant is not entitled to any relief.
Reversed and remanded for further proceedings.