David Eugene JOHNSON, Appellant, v. STATE of Florida, Appellee
Florida District Court of Appeal
· February 14, 2012 · Docket No. 1D11-3335
80 So. 3d 415
Syllabus
David Eugene JOHNSON, Appellant, v. STATE of Florida, Appellee. No. 1D11-3335. District Court of Appeal of Florida, First District. Feb. 14, 2012. David Eugene Johnson, pro se, Appellant. Pamela Jo Bondi, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee.
Full Opinion (961 characters)
PER CURIAM. The appellant, David Johnson, challenges the trial court’s denial of his post-conviction motion filed pursuant to Florida Criminal Procedure rule 3.850. The appellant’s motion raised 21 grounds for relief. The trial court summarily denied grounds 1-4, 8-10, 13, 14, and 17-21. The remaining grounds were denied after an eviden-tiary hearing. As to grounds 1-4, 9, 10, 13, and 17-21, we reverse and remand to the trial court for attachment of portions of the record showing that the appellant is not entitled to relief. Although the trial court’s order referred to portions of the record that supported denial, the record was not attached to the order as required by rule 3.850. See Isaac v. State, 45 So.3d 42 (Fla. 1st DCA 2010); Taylor v. State, 583 So.2d 823 (Fla. 4th DCA 1991). The trial court’s denial of the remaining grounds is affirmed. AFFIRMED in part, REVERSED in part, and REMANDED with directions. LEWIS, ROBERTS, and RAY, JJ., concur.
Source: Caselaw Access Project (Harvard Law School). This page is informational and is not legal advice.