Balvin v. State

FLETCHER, Judge.

William Dejesus Balvin appeals from an order summarily denying a motion under Florida Rule of Criminal Procedure 3.850. *13On appeal from a summary denial, this court must reverse unless the post-conviction record, see Fla. R.App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See Fla. R. Crim 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 an evidentiary hearing to determine (1) whether the defendant may belatedly petition for post-conviction relief where he was…