LEROY JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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WHATLEY, Acting Chief Judge.
Leroy Johnson appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Johnson alleges that counsel was ineffective in multiple ways. We affirm without comment the denial of all of Johnson’s claims except one which we reverse for an evidentiary hearing. Johnson alleges that counsel erred in failing to call three alibi witnesses that would have testified that he was with them in Tampa at the time of the crime which occurred in Fort Myers. Johnson has included sufficient facts to make a facially sufficient claim, see, e.g., Barnes v. State, 757 So. 2d 1217 (Fla. 4th DCA 2000), which is not conclusively refuted by the record attachments. We therefore reverse and remand for an evidentiary hearing as to this claim only.
Affirmed in part, reversed in part, and remanded for an evidentiary hearing.
GREEN and DAVIS, JJ., Concur.
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Gill v. State, 829 So. 2d 299 (Fla. 2d DCA 2002)…court was in error. Where a movant files a properly pleaded claim but incorrectly styles the postconviction motion in which it was raised, the trial court must treat the claim as if it had been filed in a properly styled motion. See Hogan v. State, 799 So. 2d 1095 (Fla. 2d DCA 2001) (holding that properly pleaded rule 3.850 claim should have been treated as such by trial court even though motion was styled as one to correct sentence). Furthermore, subsection (l)(a) of rule 3.850 states that a rule 3.850 motio…
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Hogan v. State, 884 So. 2d 538 (Fla. 2d DCA 2004)…ity to present relevant testimony at the evidentiary hearing conducted by the trial court. We conclude that this claim has merit and therefore reverse the order denying Hogan’s motion. This case has been before this court before. In Hogan v. State, 799 So. 2d 1095 (Fla. 2d DCA 2001), this court held that Hogan’s motion for postconviction- relief was timely because it contained claims trar ditionally addressed in error coram nobis and because his motion fell within the window created by Wood v. State, 750 So.…
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- Earnest Barnes v. State, 757 So. 2d 1217 (Fla. 4th DCA 2000)