PETER v. STATE

No. 4D02-3349.

844 So.2d 699 (2003)

Vincent PETER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 30, 2003.


Attorney(s) appearing for the Case

Vincent Peter, Jasper, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

Appellant, Vincent Peter, appeals from an order summarily denying his motion for post-conviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850, raising two grounds of ineffective assistance of counsel. We affirm without discussion as to the first ground, but conclude that the trial court erred in summarily denying the second ground.

In his second ground, appellant alleged he advised defense counsel that he was home at the time...

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