Florida District Courts of Appeal, 1999

Perez v. State

Perez v. State
Florida District Courts of Appeal · Decided December 9, 1999 · Cope, Levy, Nesbitt
746 So. 2d 521; 1999 Fla. App. LEXIS 16711; 1999 WL 1143740 (Southern Reporter, Second Series)

Perez v. State

Opinion of the Court

PER CURIAM.

Salvador Perez appeals an order summarily denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Under the applicable standard of review, “[u]nless the record shows conclusively that the appellant is entitled to no relief, the order shall be reversed and the cause remanded for an evidentiary hearing.” In our view, the record does not conclusively refute defendant-appellant’s claims of ineffective assistance of trial counsel, including (but not limited to) the contention that it would have been physically impossible for defendant to have committed the crime under the State’s theory of the case, and the contention that defense counsel failed to call essential alibi witnesses. We therefore reverse the trial court order and remand for an evidentiary hearing. We express no view on the ultimate merits of defendant’s claims, but hold only that the defendant’s motion is sufficient to call for an evidentiary hearing.

Reversed and remanded_

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