RODRICK CARTER, A/K/A HAROLD TONEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed and remanded for an evidentiary hearing on appellant's claim that trial counsel failed to investigate alibi witnesses, while affirming the denial of post-conviction relief on other grounds.
When a defendant raises legally sufficient allegations that trial counsel failed to investigate alibi witnesses, the trial court must conduct an evidentiary hearing or attach record portions refuting the claim.
[1] Allegations that trial counsel failed to investigate and interview specific alibi witnesses are legally sufficient to require either an evidentiary hearing or attachment…
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Join FLexlaw to unlock all legal intelligenceRodrick Carter was convicted of robbery with a firearm and sentenced as a habitual felony offender to life in prison. He appealed, raising multiple gr…
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PER CURIAM.
Appellant, Rodrick Carter, appeals an order summarily denying his motion for post-conviction relief, which challenged his conviction of robbery with a firearm and his habitual felony offender sentence to life in prison. On appeal, appellant raises numerous grounds to support his claim that he is entitled to relief. We find all but one to be without merit.
Appellant has raised four independent grounds, which he believes support his claim that he was denied the effective assistance of counsel, including an allegation that his trial counsel failed to investigate and interview three alibi witnesses; Damion Outler, Kenneth Hutchins, Bernis Rolle, and one other person, Dwayne Morrison. Appellant’s allegations on this ground were legally sufficient and, thus, required either an evidentiary hearing or attachment of portions of the record not previously attached to refute them. See Pennington v. State, 680 So. 2d 507 (Fla. 1st DCA 1996); Wallace v. State, 679 So. 2d 841 (Fla. 2d DCA 1996); Mallory v. State, 577 So. 2d 987 (Fla. 4th DCA 1991).
Thus, on this ground, we reverse and remand the cause to the trial court in order that the trial court may either conduct an evidentiary hearing on the issue or, in the alternative, attach portions of the record that refute the appellant’s claim.
AFFIRMED IN PART; REVERSED IN PART; and REMANDED.
GUNTHER, C.J., and GLICKSTEIN and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Zonecol v. State, 740 So. 2d 55 (Fla. 3d DCA 1999)…rial counsel was ineffective for failing to secure the deposition of a key witness whose testimony allegedly would have corroborated his version of the incident .... When the trial was finally held, the witness was not available.”); Carter v. State, 687 So. 2d 1321 (Fla. 4th DCA 1997) (denial of postconviction relief reversed for evidentiary hearing or attachment of records regarding defendant’s claim that “trial counsel failed to investigate and interview three alibi witnesses”); Reid v. State, 682 So. 2d 194…
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Rodrick Carter v. State, 82 So. 3d 1069 (Fla. 4th DCA 2011)…iled in this court. On August 12,1996, Carter appealed the denial of his motion for post-conviction relief in which he challenged his conviction of robbery with a firearm and his habitual felony offender sentence to life in prison. Carter v. State, 687 So. 2d 1321 (Fla. 4th DCA 1997). On April 29, 1997, Carter appealed the trial court’s denial of his motion to correct an illegal sentence. The denial was affirmed and a mandate issued on September 5, 1997. Carter v. State, 766 So. 2d 1057 (Fla. 4th DCA 1997). O…
Authorities Cited
- Mallory v. State, 577 So. 2d 987 (Fla. 4th DCA 1991)
- Pennington v. State, 680 So. 2d 507 (Fla. 1st DCA 1996)
- Fredrick R. Coker v. State, 679 So. 2d 841 (Fla. 2d DCA 1996)