CHARLES L. JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CHARLES L. JOHNSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
149 So. 3d 732
Florida District Court of Appeal, Fifth District (2014)
Positive Treatment
Cited by 2 cases
Opinion of the Court
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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Bratton v. State, 156 So. 3d 590 (Fla. 1st DCA 2015)…The trial court purported to grant the motion and strike the cost and lien. However, because the court ruled on the motion more than sixty days after the motion was filed, the motion was deemed denied, and the order was a nullity. Johnson v. State, 149 So. 3d 732, 733 n. 2 (Fla. 1st DCA 2014). Having been given the opportunity to respond pursuant to Harrison v. State, 146 So. 3d 76, 80-81 (Fla. 1st DCA 2014), the State concedes error. Thus, we strike the sheriffs investigatory cost because there was no requ…