DAVID EUGENE JOHNSON v. STATE OF FLORIDA
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DAVID EUGENE JOHNSON, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D11-3335 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed February 14, 2012. An appeal from the Circuit Court for Nassau County. Robert M. Foster, Judge. David Eugene Johnson, pro se, Appellant. Pamela Jo Bondi, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. The appellant, David Johnson, challenges the trial court s denial of his postconviction motion filed pursuant to Florida Criminal Procedure rule 3.850. The appellant s motion raised 21 grounds for relief. The trial court summarily denied grounds 1 4, 8 10, 13, 14, and 17 21. The remaining grounds were denied after an evidentiary hearing. As to grounds 1 4, 9, 10, 13, and 17 21, we reverse and remand to the trial court for attachment of portions of the record showing that the appellant is not entitled to relief. Although the trial court s order referred to portions of the record that supported denial, the record was not attached to the order as required by rule 3.850. See Isaac v. State, 45 So. 3d 42 (Fla. 1st DCA 2010); Taylor v. State, 583 So. 2d 823 (Fla. 4th DCA 1991). The trial court s denial of the remaining grounds is affirmed. AFFIRMED in part, REVERSED in part, and REMANDED with directions. LEWIS, ROBERTS, and RAY, JJ., CONCUR. 2
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