Rogers v. State

UPCHURCH, Judge.

This is an appeal from an order denying post-conviction relief under Florida Rule of Criminal Procedure 3.850. This same motion has been before this court previously after denial by the trial court.

In Rogers v. State, 467 So.2d 819 (Fla. 5th DCA 1985), this court affirmed the denial of the motion as to alleged trial errors, but held that Rogers’ claims based on allegations of perjured testimony and ineffective assistance of counsel were sufficient on their face and, if true, may entitle him to post-conviction relief. Accordingly, this court reversed and remanded as to those…