Guies U. Johnson v. State

Court: District Court of Appeal of Florida
Date filed: 2017-05-26
Citations: 219 So. 3d 272
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Combined Opinion
PER CURIAM.

Guies Ulysses Johnson appeals the summary denial of his motion for postconviction relief and his amended motion for postconviction relief. We affirm, in part, and reverse, in part.

In his original motion for postconviction relief, Johnson raised six grounds, some of which included subparts. On April 11,2016, the trial court entered an order summarily denying all of Johnson’s claims, except “Ground 2E.” Johnson was afforded an *273 opportunity to file an amended motion as to this ground. Because the trial court’s order did not resolve all of Johnson’s claims, it was a non-final, non-appealahle order. See Fla. R. Crim. P. 3.850(f)(4).

On December 29, 2016, the trial court entered an order summarily denying Johnson’s amended motion. Attached to the trial court’s order was its original order of April 11, 2016, but not the attachments thereto. As a result, our record consists of the order (with attachments) denying Johnson’s amended motion and the order (without attachments) summarily dénying Johnson’s original motion. Based on the limited record before us, we affirm the summary denial of “Grounds 1, 2A, 2C, 2E, 2F and 4.” However, we reverse and remand for record attachments that conclusively refute Johnson’s claims, or an evi-dentiary hearing on “Grounds 2B, 2D, 2G, 3, 5, and 6.”

AFFIRMED, in part; REVERSED, in part; and REMANDED.

COHEN, C.J., and ORFINGER and EVANDER, JJ., concur.