Third District Court of Appeal
State of Florida
Opinion filed February 15, 2017.
Not final until disposition of timely filed motion for rehearing.
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No. 3D16-2253
Lower Tribunal No. 13-3447B
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Jorge Martin Mazzi,
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, Stephen Thomas Millan, Judge.
Jorge Martin Mazzi, in proper person.
Pamela Jo Bondi, Attorney General, for appellee.
Before SUAREZ, C.J., and LAGOA and SCALES, JJ.
This is an appeal of an order summarily denying a motion under Florida
Rule of Criminal Procedure 3.801. 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 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 attachment of records conclusively showing that
the appellant is not entitled to any relief or an evidentiary hearing. Langdon v.
State, 947 So. 2d 460 (Fla. 3d DCA 2007). 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.
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