Brooks v. State
Brooks v. State
755 So. 2d 198; 2000 Fla. App. LEXIS 4557; 2000 WL 390330
(Southern Reporter, Second Series)
Brooks v. State
Opinion of the Court
Defendant appeals from the denial of his motion for postconviction relief. We reverse and remand with directions for the trial court to conduct an evidentiary hearing to determine whether defendant’s trial counsel failed to investigate or call to testify witnesses whom defendant had identified as alibi witnesses, and whether that failure constituted ineffective assistance of counsel. See McPhee v. State, 728 So.2d 332 (Fla. 3d DCA 1999).
Reversed and remanded with directions.
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