Rogers v. State

District Court of Appeal of Florida

Rogers v. State

162 So. 3d 334, 2015 Fla. App. LEXIS 4369, 2015 WL 1360811

CourtDistrict Court of Appeal of Florida

DecidedMarch 27, 2015

DocketNo. 5D14-1859

StatusPublished

This text of 162 So. 3d 334 (Rogers v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rogers v. State, 162 So. 3d 334, 2015 Fla. App. LEXIS 4369, 2015 WL 1360811 (Fla. Ct. App. 2015).

Pincite

Opinion

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. -

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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. -

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Bluebook (online)

162 So. 3d 334, 2015 Fla. App. LEXIS 4369, 2015 WL 1360811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-state-fladistctapp-2015.