Florida District Courts of Appeal, 2016

Craig Johnson v. State

Craig Johnson v. State
Florida District Courts of Appeal · Decided July 22, 2016 · Sawaya, Evander, Cohen
207 So. 3d 254; 2016 Fla. App. LEXIS 11171 (Southern Reporter, Third Series)

Craig Johnson v. State

Opinion

PER CURIAM.

Craig Johnson appeals the second order summarily denying his rule 3.850 motion for postconviction relief, which was remanded back to the trial court for reconsideration of part of claim three alleged in the motion. See Johnson v. State, 186 So.3d 629 (Fla. 5th DCA 2016). On remand the trial court denied the claim and attached a jury instruction, which does not conclusively refute the claim. Accordingly, we reverse the order under review and remand this case for an evidentiary hearing.

REVERSED and REMANDED.

SAWAYA, EVANDER and COHEN, JJ., concur.

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