TOUSSAINT v. STATE

No. 4D01-4405.

824 So.2d 262 (2002)

Elvestre TOUSSAINT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 14, 2002.


Attorney(s) appearing for the Case

Elvestre Toussaint, Jasper, pro se.

No appearance required for appellee.


PER CURIAM.

We review the order denying Elvestre Toussaint's rule 3.850 motion for post-conviction relief and conclude that the trial court erred in summarily denying one of the three claims alleged in appellant's motion.

Toussaint was charged, and convicted of sexual battery upon a person less than 12 years old. Toussaint argued in point one that trial counsel was ineffective having failed to present an alibi defense...

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