Florida District Courts of Appeal, 1999

Cannon v. State

Cannon v. State
Florida District Courts of Appeal · Decided August 25, 1999 · Goderich, Nesbitt, Sorondo
738 So. 2d 1029; 1999 Fla. App. LEXIS 11561; 1999 WL 641634 (Southern Reporter, Second Series)

Cannon v. State

Opinion of the Court

PER CURIAM.

Gregory Cannon appeals from the summary denial of his motion for post-conviction relief. We affirm, in part and reverse, in part.

As the State properly concedes, the trial court should have conducted an evidentia-ry hearing with regard to the appellant’s *1030allegations of ineffective assistance of defense counsel based on the failure to investigate and call five potential alibi witnesses.

The appellant’s remaining points4 lack merit.

Accordingly, the trial courts order is affirmed, in part, reversed, in part, and remanded for further proceedings consistent with this opinion.

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