Florida District Courts of Appeal, 2014

Johnson v. State

Johnson v. State
Florida District Courts of Appeal · Decided October 24, 2014 · Evander, Palmer, Wallis
149 So. 3d 732; 2014 Fla. App. LEXIS 17292; 2014 WL 5392940 (Southern Reporter, Third Series)

Johnson v. State

Opinion of the Court

PER CURIAM.

The State properly concedes that the record does not conclusively refute the first two claims of Johnson’s motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. On remand, the trial court shall either attach portions of the record that conclusively refute these claims or grant an evidentiary hearing. We affirm the trial court’s summary denial of Johnson’s remaining claims.

AFFIRMED, in part; REVERSED, in part; REMANDED.

PALMER, EVANDER and WALLIS, JJ., concur.

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