Guies U. Johnson v. State

District Court of Appeal of Florida

Guies U. Johnson v. State

219 So. 3d 272, 2017 Fla. App. LEXIS 7668

CourtDistrict Court of Appeal of Florida

DecidedMay 26, 2017

DocketCase 5D17-322

StatusPublished

This text of 219 So. 3d 272 (Guies U. Johnson v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Guies U. Johnson v. State, 219 So. 3d 272, 2017 Fla. App. LEXIS 7668 (Fla. Ct. App. 2017).

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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.

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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.

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Bluebook (online)

219 So. 3d 272, 2017 Fla. App. LEXIS 7668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guies-u-johnson-v-state-fladistctapp-2017.