CHERRY v. STATE

No. 83773.

659 So.2d 1069 (1995)

Roger Lee CHERRY, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

August 31, 1995.


Attorney(s) appearing for the Case

Scott Barker, Richard Schneeback and Craig Stewart of Holland & Hart, Denver, CO, and Matthew Lawry and Anne Jacobs of Volunteer Lawyers' Resource Center of Florida, Inc., Tallahassee, for appellant.

Robert A. Butterworth, Attorney General, and Kenneth S. Nunnelley, Assistant Attorney General, Daytona Beach, for appellee.


PER CURIAM.

Roger Lee Cherry, a prisoner under sentence of death, appeals the trial court's summary denial of his motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. For the reasons expressed below, we affirm in part and reverse in part and remand for an evidentiary hearing consistent with this opinion.

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