Florida District Courts of Appeal, 2003

Guy v. State

Guy v. State
Florida District Courts of Appeal · Decided March 10, 2003 · Allen, Benton, Hawkes
841 So. 2d 556; 2003 Fla. App. LEXIS 3071; 2003 WL 882383 (Southern Reporter, Second Series)

Guy v. State

Opinion of the Court

PER CURIAM.

The appellant challenges the order by which the trial court summarily denied his Florida Rule 3.850 motion for postconviction relief. We conclude that the motion sets forth one colorable claim. In his first claim for relief, the appellant alleges a colorable claim that his trial counsel was ineffective for failing to investigate or call various exculpatory witnesses. See Gaskin v. State, 737 So.2d 509 (Fla. 1999). Accordingly, the trial court’s summary denial of this claim is reversed and this case is remanded for further proceedings under the rule. We affirm the trial court’s denial of the remaining claims.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

ALLEN, C.J., BENTON and HAWKES, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.