JOHNSON v. STATE

No. 5D14-60.

149 So.3d 732 (2014)

Charles L. JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 24, 2014.


Attorney(s) appearing for the Case

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 Appellee.


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...

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