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JOHNSON v. STATE

No. 96-3420.

699 So.2d 257 (1997)

Frankie Lee JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 23, 1997.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and David H. Foxman, Assistant Attorney General, Daytona Beach, for Appellee.

HARRIS, Judge.

Frankie Lee Johnson was convicted of three counts of capital sexual battery on his six year old stepdaughter. His convictions were affirmed by this court in Johnson v. State, 642 So.2d 1379 (Fla. 5th DCA 1994). In his current appeal of the trial court's summary denial of that portion of his 3.850 motion directed to the ineffective assistance of counsel, Johnson contends that his counsel was ineffective in not calling two "alibi" witnesses, Davis...

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