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GIUNTA v. STATE

No. 4D07-3808.

7 So.3d 601 (2009)

Louis GIUNTA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 14, 2009.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Emily Ross-Booker, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Diane F. Medley, Assistant Attorney General, West Palm Beach, for appellee.

STEVENSON, J.

Louis Giunta was tried by jury and convicted of sexual battery. In this direct appeal from that conviction, Giunta asserts that his trial counsel provided ineffective assistance, apparent from the face of the record, by failing to introduce "alibi" evidence at trial. Such evidence would not have conclusively established that Giunta could not have committed the sexual battery, but if believed, would have placed him in Coconut Grove at a time when the...

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