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Goodman v. State, No. 3D09-1132 (Fla. App. 8/26/2009) (Fla. App., 2009)

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Henry Goodman, Appellant, v. The State of Florida, Appellee. No. 3D09-1132. District Court of Appeal of Florida, Third District. Opinion filed August 26, 2009.An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Monroe County, Ruth Becker, Judge. Lower Tribunal No. 97-120. Henry Goodman, in proper person. Bill McCollum, Attorney General, for appellee. Before SHEPHERD, SUAREZ, and ROTHENBERG, JJ. SUAREZ, J. This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.850. On appeal from a summary denial, this Court must reverse unless the post-conviction record shows conclusively that the appellant is entitled to no relief. See Fla. R. App. P. 9.141(b)(2)(A), (D). Because the record now before us fails to make the required showing, we reverse the order and remand for an evidentiary hearing or other appropriate relief...continue to full post

Full post as published by Florida Criminal Law Opinions on August 26, 2009 (boomark / email).