Third District Court of Appeal
State of Florida
Opinion filed August 30, 2017.
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No. 3D17-0792
Lower Tribunal Nos. 15-4493 & 14-5139
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Pedro Lassus,
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, Teresa Pooler, Judge.
Pedro Lassus, in proper person.
Pamela Jo Bondi, Attorney General, and Kayla H. McNab, Assistant
Attorney General, for appellee.
Before ROTHENBERG, C.J., and SALTER and LINDSEY, JJ.
ROTHENBERG, C.J.
Pedro Lassus filed a motion on February 9, 2017 seeking postconviction
relief under Florida Rule of Criminal Procedure 3.850 in lower case numbers F14-
5139 and F15-4493. On June 19, 2017, the trial court issued an order denying the
motion as untimely. The only attachments to the order are Lassus’s motion and the
attachments Lassus included with his motion. In the motion, Lassus contends that
he entered his plea of guilty to the above cases and a judgment of conviction was
entered on June 3, 2015. If this assertion is correct, then his February 9, 2017
motion for postconviction relief was timely filed.
Because the trial court’s order does not include, attach, or reference any
record evidence to refute Lassus’s claim that a judgment of conviction was entered
on June 3, 2015, and his postconviction motion was filed on February 9, 2017, we
reverse the order denying the motion as untimely filed. If the trial court again
enters an order denying postconviction relief, the court shall attach record excerpts
conclusively showing that Lassus is not entitled to relief. See Fla. R. App. P.
9.141(b)(2)(A).
Reversed and remanded for further proceedings.
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