Florida District Courts of Appeal, 1999

McPhee v. State

McPhee v. State
Florida District Courts of Appeal · Decided March 10, 1999 · Gersten, Jorgenson, Sorondo
728 So. 2d 332; 1999 Fla. App. LEXIS 2557; 1999 WL 123722 (Southern Reporter, Second Series)

McPhee v. State

Opinion of the Court

PER CURIAM.

We reverse the order summarily denying defendant’s motion for posteonviction relief as to grounds two (c) and three of defendant’s motion and remand for an evidentiary hearing. The record before this Court does not conclusively refute defendant’s allegations of ineffective assistance of trial counsel as to his attorney’s misadvice concerning the potential consequence of testifying and failure to call an alibi witness. See Fla. R.App. P. 9.140(i); Fla. R.Crim. P. 3.850(d); Wilcox v. State, 622 So.2d 132 (Fla. 3d DCA 1993). We affirm the denial of posteonviction relief on the remaining issues.

Affirmed in part, reversed in part, and remanded for further proceedings consistent herewith.

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