Johnson v. State

SHIVERS, Judge.

This appeal comes before us by way of appellant, Bruce Johnson’s, motion for post-conviction relief. The trial court denied Johnson’s motion stating that “it affirmatively appears from a reading of the motion that ... [the post-conviction motion] is legally insufficient to. justify relief under Rule 3.850 — ” The issue in the instant case is whether the trial court incorrectly retained jurisdiction over the first third of each of Johnson’s consecutive prison sentences for armed robbery. We conclude that the trial court erred in retaining jurisdiction as it did, and remand…