IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
ALBERT L. MANNING,
Appellant,
v. Case No. 5D15-4166
STATE OF FLORIDA,
Appellee.
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Opinion filed July 29, 2016
3.850 Appeal from the Circuit
Court for St. Johns County,
J. Michael Traynor, Judge.
Albert L. Manning, Jasper, pro se.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Douglas T. Squire,
Assistant Attorney General, Daytona
Beach, for Appellee.
ON MOTION FOR REHEARING
PER CURIAM.
Albert L. Manning has filed a motion for rehearing. Upon consideration, the motion
is denied; however, we withdraw our prior opinion, dated June 10, 2016, and substitute
the following opinion in its stead.
Manning appeals the order entered by the trial court summarily denying his
amended motion for post-conviction relief, filed pursuant to rule 3.850 of the Florida Rules
of Criminal Procedure. We reverse the order in part and remand this matter to the trial
court because, as the State properly concedes, the trial court failed to attach documents
which conclusively refute Manning's claim for relief in ground 2 of his amended motion.
Also, we remand with instructions for the trial court to consider the merits of the
unaddressed claims set forth in Manning's original motion. In all other respects, we affirm.
AFFIRMED in part; REVERSED in part; REMANDED.
LAWSON, C.J., PALMER and WALLIS, JJ., concur.
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