JEROME WALLACE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Jerome Wallace appeals a final order denying his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for further review of claim three. This point concerns Wallace’s legally-sufficient allegation that counsel failed to investigate and call an alleged alibi witness to testify at trial. Badger v. State, 933 So. 2d 729 (Fla. 4th DCA 2006); Nelson v. State, 875 So. 2d 579 (Fla.2004). On remand, the trial court shall conduct an evidentiary hearing to determine whether counsel was ineffective such that Wallace suffered the requisite prejudice. Strickland v. Washington, 466 U.S. 668, 695-96, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). We affirm as to all other claims.
STEVENSON, C.J., GUNTHER and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Abedelkader Dawudi v. State, 20 So. 3d 1028 (Fla. 4th DCA 2009)…to prison after the original sentence was imposed, without prejudice to his right to exhaust all administrative recourse as to that claim, and to then seek mandamus relief in the circuit court if still not satisfied. See generally Shelton v. State, 942 So. 2d 1028 (Fla. 4th DCA 2006). We reverse the trial court’s summary denial of this motion insofar as Dawudi sought credit for 147 days spent on probation, however. See Waters v. State, 662 So. 2d 332 (Fla.1995); Hughes v. State, 927 So. 2d 1040 (Fla. 4th DC…
Authorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- Nelson v. State, 875 So. 2d 579 (Fla. 2004)
- Badger v. State, 933 So. 2d 729 (Fla. 4th DCA 2006)