Opinion
No. 99-0200
Opinion filed June 16, 1999 JANUARY TERM 1999
Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Howard C. Berman, Judge; L.T. No. 96-002548 CFA02.
Roderick Mackey, Cross City, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.
We reverse the trial court's order on appellant's motion for post-conviction relief to the extent that the court denied relief on appellant's claim of ineffective assistance based on counsel's alleged failure to investigate and call to trial certain available alibi witnesses. Since the entire trial-court record has been provided, but does not conclusively refute appellant's claim, the trial court is instructed to hold an evidentiary hearing on that claim. We affirm the trial court's order in all other respects.
GUNTHER, POLEN and HAZOURI, JJ., concur.