IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

ALBERT L. MANNING, Appellant, v. Case No. 5D15-4166 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed June 10, 2016 3.850 Appeal from the Circuit Court for St. Johns County, J. Michael Traynor, Judge.

Albert L. Manning, Jasper, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Albert L. Manning, Jr., appeals the order entered by the trial court summarily denying his amended motion for post-conviction relief, filed pursuant to rule 3.850 of the Florida Rules of Criminal Procedure. We reverse the order in part and remand this matter to the trial court because, as the State properly concedes, the trial court failed to attach documents which refute Manning's claim for relief in ground 2 of his motion. In all other respects, we affirm.

AFFIRMED in part; REVERSED in part; REMANDED.

LAWSON, C.J., PALMER and WALLIS, JJ., concur.