BAEZ 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 ** ADED BAEZ, ** Appellant, vs. ** CASE NO. 3D05-1886 ** THE STATE OF FLORIDA, ** Appellee. ** LOWER TRIBUNAL NO. 03-2249 03-77 Opinion filed September 28, 2005. An Appeal from the Circuit Court for Miami-Dade County, David C. Miller, Judge. Aded Baez, in proper person. Charles J. Crist, Jr., Attorney General, for appellee. Before COPE, C.J., and SHEPHERD, J., and SCHWARTZ, Senior Judge. 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; 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 id.; see also Nish v. State, 30 Fla. L. Weekly D1801 (Fla. 3d DCA July 27, 2005). Reversed and remanded for further proceedings. 2

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