Florida District Courts of Appeal, 1994

Johnson v. State

Johnson v. State
Florida District Courts of Appeal · Decided October 19, 1994 · Allen, Davis, Webster
643 So. 2d 124; 1994 Fla. App. LEXIS 10024; 1994 WL 567746 (Southern Reporter, Second Series)

Johnson v. State

Opinion of the Court

PER CURIAM.

The appellant’s Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief was denied upon the court’s assertion that the appellant agreed to the challenged sentence in a negotiated plea. Neither the plea agreement nor any other document conclusively negating the appellant’s claim was attached to the court’s order, as required by rule 3.850(d). We therefore reverse the appealed order and remand for the court to either make the necessary attachment or conduct an evidentiary hearing.

ALLEN, WEBSTER and DAVIS, JJ., concur.

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