PIERRE v. STATE

No. 3D10-1434.

79 So.3d 168 (2012)

Olson PIERRE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 8, 2012.


Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Daniel Tibbitt , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Natalia Costea , Assistant Attorney General, for appellee.

Before RAMIREZ, SUAREZ, and ROTHENBERG, JJ.


RAMIREZ, J.

Olson Pierre appeals from the trial court's summary denial of his motion for post conviction relief under Florida Rule of Criminal Procedure 3.850. We reverse.

Pierre alleged in his motion that his trial counsel was ineffective for failing to call certain witnesses, who he contends would have supported his theory of an alibi and misidentification. The witnesses testified at a pretrial hearing, but not at trial. The trial court summarily denied...

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