ANTHONY v. STATE

No. 95-1725.

660 So.2d 374 (1995)

Kevin ANTHONY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 13, 1995.


Attorney(s) appearing for the Case

Kevin Anthony, Immokalee, pro se appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.


PARIENTE, Judge.

Defendant appeals summary denial of his rule 3.850 motion without an evidentiary hearing. We reverse because an evidentiary hearing should have been held on defendant's allegations that his trial counsel failed to properly present his alibi defense resulting in ineffective assistance of counsel.

Defendant was convicted after a jury trial of delivery of cocaine within 1,000 feet of a school. His defense was one of mistaken identity. The undercover...

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