Florida District Courts of Appeal, 2011

Austin v. State

Austin v. State
Florida District Courts of Appeal · Decided November 9, 2011 · Levine, Stevenson
74 So. 3d 1119; 2011 Fla. App. LEXIS 17783; 2011 WL 5375019 (Southern Reporter, Third Series)

Austin v. State

Opinion

PER CURIAM.

We affirm the denial of appellant’s post-conviction motion except as to the claim involving counsel’s failure to call witness Sullivan at trial. This claim is legally sufficient and requires an evidentiary hearing. We remand for further proceedings on this claim only. We affirm the denial of the motion in all other respects.

Affirmed in part, Reversed in part and Remanded.

MAY, C.J., STEVENSON and LEVINE, JJ., concur.

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