Joe Edwin ROGERS, Appellant, v. STATE of Florida, Appellee
Florida District Court of Appeal
· March 27, 2015 · Docket No. 5D14-1859
162 So. 3d 334
Syllabus
Joe Edwin ROGERS, Appellant, v. STATE of Florida, Appellee. No. 5D14-1859. District Court of Appeal of Florida, Fifth District. March 27, 2015. Rehearing Denied April 24, 2015. Joe Edwin Rogers, Raiford, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.
Full Opinion (703 characters)
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. 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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