Atwater v. State
Atwater v. State
Opinion of the Court
The Appellant appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, For the reasons discussed below, we reverse and remand the denial, in part, of ground four of the Appellant’s motion. We affirm the denial of the Appellant’s remaining claims.
The Appellant was convicted of attempted murder. At trial he alleged that he acted in self-defense, A witness for the State allegedly testified that the Appellant and the victim had been in an argument earlier in the night, and that thé Appellant had put his hand in his pocket and said “I’m going to use this tonight,” after which she heard gunshots. In ground four, the Appellant alleged that counsel was ineffective for failing to impeach that witness with the fact that she admitted to being high on crack cocaine at the time of the shooting.
AFFIRMED in part, REVERSED and REMANDED in part, for further proceed-m§s>
. In ground four the Appellant also alleged that counsel was ineffective for failing to impeach another witness. We affirm the denial of ground four to the extent he challenged counsel's failure to impeach the other witness.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.