PENOYER v. STATE

No. 86-28.

485 So.2d 7 (1986)

Allen L. PENOYER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 6, 1986.


Attorney(s) appearing for the Case

Allen L. Penoyer, pro se.


FRANK, Judge.

Allen Penoyer appeals from an order summarily denying his motion for post-conviction relief. We reverse.

Penoyer was convicted of second degree murder as a result of the death of one Larry Allender, and of assaulting Don Monteith and Carol Monteith with intent to commit murder. In his Rule 3.850 motion, Penoyer alleged that his defense counsel was ineffective because of his failure to locate, interview, and utilize a witness named Kathy Allender...

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