GREGORY CURRELLY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the motion for postconviction relief on the grounds of ineffective assistance of counsel was legally sufficient and should not have been summarily denied.
The defendant appealed the summary denial of his motion for postconviction relief, specifically focusing on grounds related to ineffective assistance …
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CASANUEVA, Judge.
Gregory Currelly appeals the summary denial of grounds II, III, and IV of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the denial of grounds III and IV, but reverse the denial of ground II, and remand for further proceedings as to it.
In ground II, Mr. Currelly asserted that he received ineffective assistance of counsel because trial counsel failed to interview certain enumerated alibi witnesses who would have corroborated another exculpatory witness had they been called at trial. We determine that his motion is legally sufficient and should not have been summarily denied. See Young v. State, 511 So. 2d 735 (Fla. 2d DCA 1987); Ledbetter v. State, 681 So. 2d 740 (Fla. 2d DCA 1996); Sorgman v. State, 549 So. 2d 686 (Fla. 1st DCA 1989). On remand, the trial court shall hold an evidentiary hearing on ground II.
Mr. Currelly also asserts that the trial court attached the wrong judgment and sentence to its order denying postcon-viction relief. That may be so but this issue has no merit because Mr. Currelly has made no showing that the Department of Corrections is keeping him in prison under that attached and allegedly wrong judgment and sentence or that he is entitled to any relief.
Affirmed in part, reversed in part, and remanded for further proceedings.
BLUE, A.C.J., and WHATLEY, J., Concur.
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Meus v. State, 968 So. 2d 706 (Fla. 2d DCA 2007)…ene). Finally, trial counsel’s commendable effort to counter Sergeant Keen’s testimony with Mr. Fisher’s expert opinion evidence does not render trial counsel any less ineffective for failing to investigate and call Mr. Otero. See Currelly v. State, 732 So. 2d 449, 450 (Fla. 2d DCA 1999) (holding that post-conviction motion was facially sufficient where the motion alleged that trial counsel was ineffective for failing to interview certain alibi witnesses who would have corroborated the testimony of another ex…
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Cyntwynet Saunders v. State, 962 So. 2d 1004 (Fla. 2d DCA 2007)…estion her credibility. As it stood, Barbara’s alibi testimony could have been bolstered with the corroborative testimony of another witness who was actually scheduled to and did work at the Days Inn on the day of the offense. In Currelly v. State, 732 So. 2d 449, 450 (Fla. 2d DCA 1999), this court reversed the summary denial of a postconviction claim that trial counsel was deficient for failure to call witnesses who would corroborate another witness’s exculpatory testimony. Cf. Harris v. State, 804 So. 2d 4…
Authorities Cited
- Sorgman v. State, 549 So. 2d 686 (Fla. 1st DCA 1989)
- Young v. State, 511 So. 2d 735 (Fla. 2d DCA 1987)
- Daughtry v. State, 681 So. 2d 740 (Fla. 2d DCA 1996)
- Ledbetter v. State, 681 So. 2d 740 (Fla. 2d DCA 1996)