Taylor v. State

Full title: TIMOTHY TAYLOR, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Aug 7, 2002

823 So. 2d 263 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 3D02-1550

Opinion filed August 7, 2002.

An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Michael A. Genden, Judge. Lower Tribunal No. 98-38777.

Timothy Taylor, in proper person.

Robert A. Butterworth, Attorney General, and John Barker, Assistant Attorney General, for appellee.

Before JORGENSON, COPE, and LEVY, JJ.

PER CURIAM.

Defendant appeals from the denial of his motion for postconviction relief. Based upon the trial court's thorough and well-reasoned order, we affirm. See Jacobs v. State, 800 So.2d 322, 323 (Fla.3d DCA 2001) (holding that "[D]efense counsel is not ineffective for failing to call witnesses who allegedly would have provided exculpating testimony, where there was ample evidence contradicting the testimony the witness would have given. Absent extraordinary circumstances, failure of counsel to call a witness is not a ground for collateral attack.") (citations omitted).

AFFIRMED.

JORGENSON and LEVY, JJ., concur.

COPE, J. (dissenting in part).

I would reverse the order denying relief under Florida Rule of Criminal Procedure 3.850 and remand for an evidentiary hearing on points two and five. I agree with the majority on affirmance on the remaining issues.