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Rogers v. State

District Court of Appeal of Florida, Fifth District.
Mar 27, 2015
162 So. 3d 334 (Fla. Dist. Ct. App. 2015)

Opinion

No. 5D14–1859.

03-27-2015

Joe Edwin ROGERS, Appellant, v. STATE of Florida, Appellee.

Joe Edwin Rogers, Raiford, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.


Joe Edwin Rogers, Raiford, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.

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 I(a) and I(d) set forth in Rogers' initial motion. 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.

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

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

PALMER, EVANDER and COHEN, JJ., concur.


Summaries of

Rogers v. State

District Court of Appeal of Florida, Fifth District.
Mar 27, 2015
162 So. 3d 334 (Fla. Dist. Ct. App. 2015)
Case details for

Rogers v. State

Case Details

Full title:Joe Edwin ROGERS, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Fifth District.

Date published: Mar 27, 2015

Citations

162 So. 3d 334 (Fla. Dist. Ct. App. 2015)

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