KEMP v. STATE

No. 4D01-1633.

795 So.2d 222 (2001)

Vernon KEMP, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 26, 2001.


Attorney(s) appearing for the Case

Vernon Kemp, Florida City, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Monique E. L'Italien, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

We review the order denying appellant's rule 3.850 motion for post-conviction relief and find that the trial court erred in summarily denying appellant's motion. Appellant's motion alleged the ineffectiveness of his defense counsel for failing to call a witness who would offer exculpatory testimony. This claim was not conclusively refuted by the exhibits attached to the state's response and expressly incorporated in the trial court's order. Therefore,...

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