KEVIN MCPHEE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
KEVIN MCPHEE, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
728 So. 2d 332
Florida District Court of Appeal, Third District (1999)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We reverse the order summarily denying defendant’s motion for posteonviction relief as to grounds two (c) and three of defendant’s motion and remand for an evidentiary hearing. The record before this Court does not conclusively refute defendant’s allegations of ineffective assistance of trial counsel as to his attorney’s misadvice concerning the potential consequence of testifying and failure to call an alibi witness. See Fla. R.App. P. 9.140(i); Fla. R.Crim. P. 3.850(d); Wilcox v. State, 622 So. 2d 132 (Fla. 3d DCA 1993). We affirm the denial of posteonviction relief on the remaining issues.
Affirmed in part, reversed in part, and remanded for further proceedings consistent herewith.
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Brooks v. State, 755 So. 2d 198 (Fla. 3d DCA 2000)…hearing to determine whether defendant’s trial counsel failed to investigate or call to testify witnesses whom defendant had identified as alibi witnesses, and whether that failure constituted ineffective assistance of counsel. See McPhee v. State, 728 So. 2d 332 (Fla. 3d DCA 1999). Reversed and remanded with directions.…
Authorities Cited
- Fonda v. State, 622 So. 2d 132 (Fla. 3d DCA 1993)