BRADY 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 JOHNNY BRADY, ** Appellant, ** vs. ** CASE NO. 3D06-2555 THE STATE OF FLORIDA, ** Appellee. ** LOWER TRIBUNAL NO. 93-1413 ** Opinion filed November 29, 2006. An Appeal under Florida Rule of Appellate Procedure 9.141(b) (2) from the Circuit Court for Miami-Dade County, John Schlesinger, Judge. Johnny Brady, in proper person. Charles J. Crist, Jr., Attorney General, for appellee. Before WELLS, CORTIÃ AS, and ROTHENBERG, JJ. PER CURIAM. This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.800(a). from a summary denial, this court must reverse On appeal 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 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 further proceedings. If the trial court again enters an order summarily denying the postconviction 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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