MARTINO PIERRE V. STATE
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Third District Court of Appeal State of Florida, January Term, A.D. 2011 Opinion filed March 2, 2011. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D11-19 Lower Tribunal No. 07-11941 ________________ Luckner Martino Pierre, Appellant, vs. The State of Florida, Appellee. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Bronwyn C. Miller, Judge. Luckner Martino Pierre, in proper person. Pamela Jo Bondi, Attorney General, for appellee. Before GERSTEN, SUAREZ, CORTIÃ AS, JJ. SUAREZ, J. 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, shows conclusively that the 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 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. 2
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