BRUCE D. ROGERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BRUCE D. ROGERS, APPELLANT,
STATE OF FLORIDA, APPELLEE
495 So. 2d 891
Florida District Court of Appeal, First District (1986)
Caution
Cited by 2 cases
Opinion of the Court
ZEHMER, Judge.
The trial court denied Rogers’ second motion to vacate, set aside or correct the judgment and sentence under rule 3.850, Florida Rules of Criminal Procedure (1986), stating that Rogers had raised the same grounds in a previous motion. The court did not attach the previous motion or any other portion of the record to conclusively show that the first motion disposed of all grounds of the instant motion on the merits and that appellant is entitled to no relief. In view of the apparent sufficiency of several grounds alleged in the instant motion to warrant some relief, we reverse and remand to the trial court with directions to order the State Attorney’s office to respond to the motion.
REVERSED AND REMANDED.
SMITH and SHIVERS, JJ., concur.
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Rogers v. State, 567 So. 2d 483 (Fla. 1st DCA 1990)…portion of the record to conclusively show that the first motion disposed of all grounds of the instant motion on the merits, and further finding that several grounds of the instant motion appeared sufficient to warrant some relief. Rogers v. State, 495 So. 2d 891 (Fla. 1st DCA 1986). The case again came before this court on appeal from a third denial of postconviction relief, resulting in an affirmance as to all grounds except that of ineffective assistance of counsel, and reversal for further proceedings. R…