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TYSON v. STATE

No. 2D04-4659.

905 So.2d 1048 (2005)

Rudolph TYSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 15, 2005.

Attorney(s) appearing for the Case

Rudolph Tyson, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Susan M. Shanahan, Assistant Attorney General, Tampa, for Appellee.

WALLACE, Judge.

Rudolph Tyson appeals the trial court's order that denied his motion for postconviction relief after an evidentiary hearing. In his motion, Tyson alleged that his counsel provided ineffective assistance at trial by failing to call Richard Harris as a witness for the defense. Harris witnessed two men rob a local business; one of the men had a handgun. Initially, Harris identified Tyson as the gunman. However, on the morning of Tyson's trial, the State...

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