Pereira v. State

Jose Pereira (defendant) appeals the trial court’s order summarily denying his motion for postconviction relief filed pursuant to rule 3.850 of the Florida Rules of Criminal Procedure. Determining that the defendant was entitled to receive an eviden-tiary hearing on his motion, we reverse.

The defendant was charged with one count of strong arm robbery. 1 The specification of that charge alleged that he

[d]id unlawfully take from the person or custody of KIMBERYLY K. MOWRY, certain property of value, to-wit: United States Currency and a purse, with the intent to temporarily or permanently…