Florida District Courts of Appeal, 2002

Taylor v. State

Taylor v. State
Florida District Courts of Appeal · Decided August 7, 2002 · Cope, Jorgenson, Levy
823 So. 2d 263; 2002 Fla. App. LEXIS 11418; 27 Fla. L. Weekly Fed. D 1787 (Southern Reporter, Second Series)

Taylor v. State

Opinion of the Court

PER CURIAM.

Defendant appeals from the denial of his motion for postconviction relief. Based upon the trial court’s thorough and well-reasoned order, we affirm. See Jacobs v. State, 800 So.2d 322, 323 (Fla. 3d DCA 2001) (holding that “[Djefense counsel is not ineffective for failing to call witnesses who allegedly would have provided exculpating testimony, where there was ample evidence contradicting the testimony the witness would have given. Absent extraordinary circumstances, failure of counsel to call a witness is not a ground for collateral attack.”) (citations omitted).

AFFIRMED.

JORGENSON and LEVY, JJ., concur.

Dissenting Opinion

COPE, J.

(dissenting in part).

I would reverse the order denying relief under Florida Rule of Criminal Procedure 3.850 and remand for an evidentiary hearing on points two and five. I agree with the majority on affirmance on the remaining issues.

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