Third District Court of Appeal
State of Florida
Opinion filed September 28, 2016.
Not final until disposition of timely filed motion for rehearing.
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No. 3D15-2396
Lower Tribunal No. 04-9793-B
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Jorge Slaughter,
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, Jose L. Fernandez, Judge.
Jorge Slaughter, in proper person.
Pamela Jo Bondi, Attorney General, and Sandra Lipman, Assistant Attorney
General, for appellee.
Before SUAREZ, C.J., and WELLS and LOGUE, JJ.
SUAREZ, C.J.
This is an appeal from an order summarily denying Defendant’s post-
conviction motion to correct his sentence. The Order ostensibly denies the
defendant’s motion pursuant to Florida Rule of Criminal Procedure 3.800(a). On
appeal from a summary denial, this Court must reverse unless the postconviction
record shows conclusively that the appellant is entitled to no relief. See Fla. R.
App. P. 9.141(b)(2) (A) and (D).
Because the postconviction record now before this Court fails to make the
required showing, we reverse the order and remand for further proceedings
consistent with this opinion. First, the trial court order is facially inconsistent in
that it is captioned “Order Denying” defendant’s motion, but within the body of the
order it states that the court “hereby grants the Defendant’s Motion to Correct
Illegal Sentence by: ….” However, further within the body of the Order, it states
that the motion is “hereby DENIED.”
Additionally, the Order recites some history of Defendant’s sentencing in
this case and makes reference to an affirmation of a later sentence imposed after a
violation and goes on to state: “[t]he defendant is once again incorrect as to his
sentence, as such this motion is legally and factually wrong” but provides no
elaboration of what portion of the motion is incorrect or what impact the
resentencing had with regard to the claims made in Defendant’s present motion.
Neither the trial court nor the State provided any record documentation to
substantiate the Order. If the trial court again enters an order summarily denying
the post-conviction motion, the court shall attach record excerpts that specifically
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address the appellant’s sentencing argument and conclusively show that the
appellant is not entitled to any relief.
Reversed and remanded for further proceedings.
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