JOHNSON v. STATE

No. 4D04-818.

888 So.2d 122 (2004)

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

District Court of Appeal of Florida, Fourth District.

November 24, 2004.


Attorney(s) appearing for the Case

Bernard Johnson, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.


TAYLOR, J.

Bernard Johnson appeals the trial court's summary denial of his rule 3.850 motion for postconviction relief. He contends that the trial court erred in finding that his postconviction motion was procedurally barred because it concerned issues that could or should have been raised on direct appeal. We agree and remand this cause for the trial court to hold an evidentiary hearing on Johnson's ineffective assistance of counsel claim or attach record excerpts...

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