Florida District Courts of Appeal, 2015

Rogers v. State

Rogers v. State
Florida District Courts of Appeal · Decided March 27, 2015 · Cohen, Evander, Palmer
162 So. 3d 334; 2015 Fla. App. LEXIS 4369; 2015 WL 1360811 (Southern Reporter, Third Series)

Rogers v. State

Opinion of the Court

PER CURIAM.

Joe Edwin Rogers appeals the summary denial of his initial motion for postconviction relief and his supplemental motion for postconviction relief, both of which were filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm, except as to claims 1(a) and 1(d) set forth in Rogers’ initial motion.1 We conclude that these claims are legally sufficient and not conclusively refuted by the record. On remand, the trial court shall either attach portions of the record conclusively refuting these claims or hold an evidentiary hearing.

AFFIRMED, in part; REVERSED, in part; and REMANDED.

PALMER, EVANDER and COHEN, JJ., concur. -

. The initial motion was timely filed on July 24, 2013.

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