Rolle v. State

Thomas Rolle seeks review of an order dismissing his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for an evidentiary hearing.

Rolle and a co-defendant were convicted of armed robbery of three victims. The victims were ordered to lie face-down while the robbery occurred. Two of the victims were unable to identify either assailant. The third victim testified as state’s witness against Rolle and identified him in court as one of the two men who robbed him.

In 2007, Rolle filed his first rule 3.850 petition claiming newly…