Florida District Courts of Appeal, 1985

Evans v. State

Evans v. State
Florida District Courts of Appeal · Decided February 27, 1985 · Anstead, Downey, Hersey
464 So. 2d 619; 10 Fla. L. Weekly 516; 1985 Fla. App. LEXIS 12688 (Southern Reporter, Second Series)

Evans v. State

Opinion of the Court

PER CURIAM.

Reversed and remanded for an evidentia-ry hearing on the authority of Halpin v. State, 428 So.2d 703 (Fla. 2d DCA 1983). In a motion for post-conviction relief the appellant alleged the existence of numerous alibi witnesses whose identities he disclosed to his lawyer. He also claimed that alibi was his only defense. Notwithstanding these facts, he alleges, his lawyer failed to contact or call any of these witnesses or to present appellant’s testimony at trial. We believe these allegations state a prima facie case for relief sufficient to require an evidentiary hearing.

ANSTEAD, C.J., and DOWNEY and HERSEY, JJ., concur.

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