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Albert L. MANNING, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal2016-07-29No. No. 5D15-4166
196 So. 3d 575

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Opinion

majority opinion

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.