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Wilburn v. State, No. 3D09-2085 (Fla. App. 9/16/2009) (Fla. App., 2009)

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Kenny Wilburn, Appellant, v. The State of Florida, Appellee. No. 3D09-2085. District Court of Appeal of Florida, Third District. Opinion filed September 16, 2009. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Roberto M. Pineiro, Judge. Lower Tribunal No. 91-40525 C Kenny Wilburn, in proper person. Bill McCollum, Attorney General for appellee. Before RAMIREZ, C.J., and LAGOA and SALTER, JJ. PER CURIAM. This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.800(a). 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...continue to full post

Full post as published by Florida Criminal Law Opinions on September 16, 2009 (boomark / email).