GUTIERREZ v. STATE

No. 5D09-3044.

27 So.3d 192 (2010)

Juan GUTIERREZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 5, 2010.


Attorney(s) appearing for the Case

Juan C. Gutierrez, Milton, pro se.

Bill McCollum, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.


PER CURIAM.

Juan Gutierrez appeals the denial of his rule 3.850 motion alleging his trial attorney was ineffective for failing to investigate and present a potential alibi witness. We reverse to allow the trial court an opportunity to conduct an evidentiary hearing.

Gutierrez pled no contest to aggravated battery on a law enforcement officer and grand theft of a motor vehicle, and was placed on four years' probation with a special condition that he serve time...

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