Adger v. State

District Court of Appeal of Florida

Adger v. State

831 So. 2d 825, 2002 Fla. App. LEXIS 18139, 2002 WL 31758082

CourtDistrict Court of Appeal of Florida

DecidedDecember 11, 2002

DocketNo. 4D02-3644

StatusPublished

This text of 831 So. 2d 825 (Adger v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Adger v. State, 831 So. 2d 825, 2002 Fla. App. LEXIS 18139, 2002 WL 31758082 (Fla. Ct. App. 2002).

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Opinion

PER CURIAM.

Eric Adger was convicted of multiple offenses, many of which involved an altercation involving Officer Pecci and Adger’s use and/or theft of a firearm. Adger seeks postconviction relief, presenting several claims of ineffective assistance of trial counsel.

[826]*826We reverse and remand for further proceedings with respect to point five of Adger’s motion, wherein he faults trial counsel for failing to call his girlfriend as a witness at trial. We reject the state’s claim that Adger’s point is legally insufficient. Ford v. State, 825 So.2d 358 (Fla.2002). Accepting Adger’s allegations as true, there is a reasonable probability that his girlfriend’s testimony would have affected the verdicts with respect to offenses involving use and/or possession of a firearm or weapon.

As no portions of the transcript were attached to the order or referenced therein, the record before this court does not support that trial court’s finding that Adger “has not demonstrated a reasonable probability-i.e., one that undermines confidence in the outcome — that absent counsel’s errors, the jury would have a reasonable doubt respecting guilt.” Bowman v. State, 748 So.2d 1082 (Fla. 4th DCA), rev. denied, 767 So.2d 454 (2000). See Fla. R.Crim.P. 3.850(d).

TAYLOR, SHAHOOD and MAY, JJ., concur.

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PER CURIAM.

Eric Adger was convicted of multiple offenses, many of which involved an altercation involving Officer Pecci and Adger’s use and/or theft of a firearm. Adger seeks postconviction relief, presenting several claims of ineffective assistance of trial counsel.

[826]*826We reverse and remand for further proceedings with respect to point five of Adger’s motion, wherein he faults trial counsel for failing to call his girlfriend as a witness at trial. We reject the state’s claim that Adger’s point is legally insufficient. Ford v. State, 825 So.2d 358 (Fla.2002). Accepting Adger’s allegations as true, there is a reasonable probability that his girlfriend’s testimony would have affected the verdicts with respect to offenses involving use and/or possession of a firearm or weapon.

As no portions of the transcript were attached to the order or referenced therein, the record before this court does not support that trial court’s finding that Adger “has not demonstrated a reasonable probability-i.e., one that undermines confidence in the outcome — that absent counsel’s errors, the jury would have a reasonable doubt respecting guilt.” Bowman v. State, 748 So.2d 1082 (Fla. 4th DCA), rev. denied, 767 So.2d 454 (2000). See Fla. R.Crim.P. 3.850(d).

TAYLOR, SHAHOOD and MAY, JJ., concur.

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831 So. 2d 825, 2002 Fla. App. LEXIS 18139, 2002 WL 31758082, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adger-v-state-fladistctapp-2002.

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