Rogers v. State

Lydell Rogers (Appellant) appeals the trial court’s order denying his. motion for post-conviction relief. We affirm the order in part, reverse it in part, and remand the case to the trial court for an evidentiary hearing.

This is Appellant’s second visit to this court on virtually identical matters. Appellant was convicted of sale of cocaine within 1,000 feet of a school and possession of cocaine, and received an enhanced sentence pursuant to section 775.084, Florida Statutes (Supp.1988). In the prior collateral attack on his conviction, Appellant alleged that he had given his attorney the…