956 So. 2d 546

Willie Jackson JOHNSON, Appellant, v. STATE of Florida, Appellee.

No. 1D06-4274.

District Court of Appeal of Florida, First District.

May 21, 2007.

Willie Jackson Johnson, pro se, Appellant.

Bill McCollum, Attorney General, and Daniel A. David, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The appellant challenges the trial court’s summary denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.853. Because the appellant’s motion is facially sufficient, and the trial court neither held an evidentiary hearing nor attached portions of the record indicating that identity was not an issue or that the DNA evidence would not exonerate the appellant, we reverse the *547trial court’s denial. See Schofield v. State, 861 So.2d 1244 (Fla. 2d DCA 2008).

REVERSED and REMANDED.

BENTON, PADOVANO, and THOMAS, JJ., concur.

Johnson v. State
956 So. 2d 546

Case Details

Name
Johnson v. State
Decision Date
May 21, 2007
Citations

956 So. 2d 546

Jurisdiction
Florida

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