Opinion
No. 3D99-2281.
Opinion filed April 19, 2000.
An Appeal under Fla.R.App.P. 9.140(i) from the Circuit Court for Dade County, Peter R. Lopez, Judge, L.T. NO. 94-9639.
Daniel David Brooks, in proper person.
Robert A. Butterworth, Attorney General, and Christine E. Zahralban, Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and JORGENSON and GREEN, JJ.
Defendant appeals from the denial of his motion for postconviction relief. We reverse and remand with directions for the trial court to conduct an evidentiary hearing to determine whether defendant's trial counsel failed to investigate or call to testify witnesses whom defendant had identified as alibi witnesses, and whether that failure constituted ineffective assistance of counsel. See McPhee v. State, 728 So.2d 332 (Fla. 3d DCA 1999).
Reversed and remanded with directions.