Charles L. JOHNSON, Appellant, v. STATE of Florida, Appellee
Florida District Court of Appeal
· October 24, 2014 · Docket No. 5D14-60
149 So. 3d 732
Syllabus
Charles L. JOHNSON, Appellant, v. STATE of Florida, Appellee. No. 5D14-60. District Court of Appeal of Florida, Fifth District. Oct. 24, 2014. Charles L. Johnson, Daytona Beach, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Marjorie Vincent-Tripp and Charlene L. Matthews, Assistant Attorneys General, Daytona Beach, for Appel-lee.
Full Opinion (515 characters)
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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