RONNIE L. YOUNG, A/K/A RONNIE LEWIS YOUNG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*736] DANAHY, Chief Judge.
Ronnie L. Young appeals the summary denial of his motion for postconviction relief. With one exception we find that the trial court was correct in characterizing the motion as facially insufficient. We remand for further consideration of that one issue, which deals with the adequacy of assistance provided by trial counsel.
Young claims that counsel failed to interview or call three alibi witnesses. He provides the names of these witnesses, claims that he furnished them to counsel, and states they would have testified that Young was home at the time of the robbery for which he was charged and convicted. We believe this constitutes a prima facie showing of entitlement to relief, subject, of course, to rebuttal. See Majewski v. State, 487 So. 2d 32 (Fla. 1st DCA 1986). Therefore, we remand this case to the trial court for further consideration. The court may conduct an evidentiary hearing or, if the files and records conclusively demonstrate that Young is entitled to no relief, may again deny the motion without a hearing. If the court again denies the motion, Young must file a notice of appeal within thirty days to obtain further appellate review.
Affirmed in part, reversed in part and remanded with directions.
SCHEB and THREADGILL, JJ., concur.
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Williams v. State, 642 So. 2d 67 (Fla. 1st DCA 1994)…counsel’s “tactical” decisions is generally inappropriate); Dauer v. State, 570 So. 2d 314 (Fla. 2d DCA 1990) (determination whether trial counsel’s actions were tactical is best made by trial judge following an evidentiary hearing); Young v. State, 511 So. 2d 735 (Fla. 2d DCA 1987) (trial counsel’s failure to interview or call three alibi witnesses constitutes a prima facie showing of entitlement to relief, subject to rebuttal); Majewski v. State, 487 So. 2d 32 (Fla. 1st DCA 1986) (failing to interview or ca…
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Comfort v. State, 597 So. 2d 944 (Fla. 2d DCA 1992)…who appears to have been willing to provide alibi testimony with regard to at least some of the offenses for which Comfort was prosecuted. The failure to investigate and summon alibi witnesses can constitute ineffective assistance. Young v. State, 511 So. 2d 735 (Fla. 2d DCA 1987). While counsel may have had legitimate tactical reasons for not calling this witness during his case in chief, such a conclusion is rarely appropriate for the summary denial of postcon-viction relief. See Dauer v. State, 570 So. 2…
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Harley v. State, 594 So. 2d 352 (Fla. 2d DCA 1992)…riting further consideration is Harley’s allegation that trial counsel was given the name of one or more alibi witnesses, but failed to investigate or present this valid defense. If true, this could constitute ineffective assistance. Young v. State, 511 So. 2d 735 (Fla. 2d DCA 1987). The trial court’s order states that it was a “tactical decision” not to use alibi witnesses. Certainly defense counsel is entitled to broad discretion regarding trial strategy. However, such a finding generally is inappropriate w…
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- Majewski v. State, 487 So. 2d 32 (Fla. 1st DCA 1986)