Wiley v. State
Wiley v. State
Opinion of the Court
Dwight Wiley appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm in part and reverse in part.
Wiley was adjudicated guilty of violating his probation. He alleges that his trial counsel was ineffective for failing to investigate and call a witness to support his claim that he was not at home because he was taking his sister to the local emergency room for heart problems. The trial court erroneously denied the claim as fa-
_Wiley also claims that his probation officer should have investigated his claim. The trial court properly denied this claim as facially insufficient.
Affirmed in part, reversed in part, and remanded.
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