Florida District Courts of Appeal, 1999

Mackey v. State

Mackey v. State
Florida District Courts of Appeal · Decided June 16, 1999 · Gunther, Hazouri, Polen
734 So. 2d 1167; 1999 Fla. App. LEXIS 7906; 1999 WL 393665 (Southern Reporter, Second Series)

Mackey v. State

Opinion of the Court

PER CURIAM.

We reverse the trial court’s order on appellant’s motion for post-conviction relief to the extent that the court denied relief on appellant’s claim of ineffective assistance based on counsel’s alleged failure to investigate and call to trial certain. avaií*1168able alibi witnesses. Since the entine trial-court record has been provided, but does not conclusively refute appellant’s claim, the trial court is instructed to hold an evidentiary hearing on that claim. We affirm the trial court’s order in all other respects.

GUNTHER, POLEN and HAZOURI, JJ., concur.

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