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STITES v. STATE

No. 5D02-1502.

841 So.2d 681 (2003)

Peter STITES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 11, 2003.

Attorney(s) appearing for the Case

Steven J. Guardiano, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.

ORFINGER, J.

Peter Stites's conviction of three counts of lewd and lascivious assault on his adult son's fifteen-year-old girlfriend was affirmed on appeal. See Stites v. State, 743 So.2d 531 (Fla. 5th DCA 1999). Stites then filed a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850, alleging that his trial counsel was ineffective due to: 1) counsel's failure to investigate, interview and present an alibi witness; 2) counsel...

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