Conley v. State
Dimitrius Conley, Appellant, vs. The State of Florida, Appellee.
No. 3D07-3332
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT
January 31, 2008, Opinion Filed
NOTICE:
NOT FINAL UNTIL DISPOSITION OF TIMELY FILED MOTION FOR REHEARING.
PRIOR HISTORY: [*1]
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Bertila Soto, Judge. Lower Tribunal No. 01-29287.
COUNSEL: Dimitrius Conley, in proper person.
Bill McCollum, Attorney General, for appellee.
JUDGES: Before COPE, GREEN, and RAMIREZ, JJ.
OPINION
PER CURIAM.
Dimitrius Conley appeals the trial court’s order summarily denying his motion filed under Florida Rule of Criminal Procedure 3.800(a). 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. 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 post-conviction motion, the court shall attach record excerpts conclusively showing that the appellant is not entitled to any relief. Moreover, after reversal and remand to the trial court, the appellant may wish to file a petition for writ of habeas corpus in order to request immediate release from custody, as his contention is that his sentence has been completely [*2] served.
Reversed and remanded for further proceedings.