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BROWN v. STATE

No. 2D03-4191.

892 So.2d 1119 (2004)

Michael BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 17, 2004.

Attorney(s) appearing for the Case

Michael Brown, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Judge.

A jury convicted Michael Brown of delivering cocaine, possessing cocaine, and resisting an officer without violence. After Brown's convictions were final, he filed a motion pursuant to Florida Rule of Criminal Procedure 3.850, asserting that his trial counsel was ineffective for failing to call a witness who would have given exculpatory testimony.1 After an evidentiary hearing, the circuit court denied the claim. We reverse...

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