Virgo v. State

The defendant, who was convicted of two counts of robbery with a firearm, appeals from the circuit court’s order summarily denying his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. The defendant’s motion raised twelve grounds. We affirm without discussion the summary denial of grounds one through six, eight, nine, eleven, and twelve. However, we reverse the summary denial of grounds seven and ten. We remand for an evidentiary hearing on those two grounds only.

At the defendant’s trial, the state presented the following evidence. Two men with their faces covered…