STATE v. JACOBS

No. 96-437.

689 So.2d 338 (1997)

STATE of Florida, Appellant, v. Keith Donell JACOBS, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 7, 1997.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Ann M. Childs, Assistant Attorney General, Daytona Beach, for Appellant.

Eric Lee Bensen of Eric Lee Bensen, P.A., Orlando, for Appellee.


DAUKSCH, Judge.

This is an appeal from an order granting post-conviction relief in a murder trial. Appellee alleged ineffective assistance of counsel and the trial judge granted a new trial. We reverse the decision and remand the case for reinstatement of the judgment and sentence.

We agree with appellant's argument that the decision by the trial attorney not to call certain purported alibi witnesses was a tactical decision. That decision was made by the lawyer...

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