Florida District Courts of Appeal, 1994

Thomas v. State

Thomas v. State
Florida District Courts of Appeal · Decided March 2, 1994 · Dell, Hersey, Warner
632 So. 2d 291; 1994 Fla. App. LEXIS 1936; 1994 WL 60836 (Southern Reporter, Second Series)

Thomas v. State

Opinion of the Court

HERSEY, Judge.

AFFIRMED.

DELL, C.J., concurs. WARNER, J., dissents in part and concurs in part with opinion.

Concurring in Part

WARNER, Judge,

dissenting in part and concurring in part.

Appellant raised ineffective assistance of counsel in his motion for post-conviction relief which motion was denied without a hearing. In my opinion the specific allegations made regarding trial counsel’s failure to investigate and obtain the physical evidence which appellant claims would have supported his version of the events is sufficient to require an evidentiary hearing on the issue. I agree that the other points raised in the motion lack legal merit.

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