Opinion
No. 94-1178.
March 15, 1995.
Appeal of order denying rule 3.850 motion from the Circuit Court for Palm Beach County; Walter N. Colbath, Jr., Judge.
Richard L. Jorandby, Public Defender, and Mallorye Cunningham, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph A. Tringali, Asst. Atty. Gen., West Palm Beach, for appellee.
We reverse the trial court's summary denial of appellant's motion for relief pursuant to Florida Rule of Criminal Procedure 3.850. We remand for an evidentiary hearing or record attachments which show that appellant is entitled to no relief on his claim that his trial counsel was ineffective for failing to secure and interview a key defense witness, Lionel Williams, who would have testified he had no dominion or control over the cocaine. We affirm in all other respects.
STONE, WARNER and POLEN, JJ., concur.