Johnson v. State

Full title: Craig JOHNSON, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fifth District.

Date published: Jul 22, 2016

207 So. 3d 254 (Fla. Dist. Ct. App. 2016)

Opinion

No. 5D16–1095.

07-22-2016

Craig JOHNSON, Appellant, v. STATE of Florida, Appellee.

Craig Johnson, Perry, pro se. No Appearance for Appellee.

PER CURIAM.

Craig Johnson, Perry, pro se.

No Appearance for Appellee.

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.