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ROGERS v. STATE

No. 78349.

630 So.2d 513 (1993)

Jerry Lane ROGERS, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied February 8, 1994.

Attorney(s) appearing for the Case

Larry Helm Spalding, Capital Collateral Representative, Martin J. McClain, Chief Asst. CCR and Kenneth D. Driggs, Asst. CCR, Office of Capital Collateral Representative, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen. and Barbara C. Davis, Asst. Atty. Gen., Daytona Beach, for appellee.

SHAW, Justice.

Rogers appeals the denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. We reverse.

The facts are set out fully in our opinion on direct appeal. See Rogers v. State, 511 So.2d 526 (Fla. 1987), cert. denied, 484 U.S. 1020, 108 S.Ct. 733, 98 L.Ed.2d 681 (1988). Rogers and an accomplice, Thomas McDermid...

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