Dunbar v. State
Dunbar v. State
Opinion of the Court
Andre Dunbar appeals the summary denial of Ground Five of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the record does not conclusively refute Dunbar's claim that counsel was ineffective for failing to call alibi witness, Aubrey Lyman, to testify at trial, we reverse the summary denial of Ground Five and remand for attachment of portions of the record conclusively refuting this claim or for an evidentiary hearing. See Freeman v. State,
AFFIRMED in part; REVERSED in part; and REMANDED.
PALMER, BERGER and EDWARDS, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.