Austin v. State

74 So. 3d 1119, 2011 Fla. App. LEXIS 17783, 2011 WL 5375019
Procedural entryThis page is a short order in Austin v. State. Read the opinion of the Court — 995 So. 2d 1174
District Court of Appeal of Florida·Decided November 9, 2011·No. 4D09-2834·Published

Opinion

PER CURIAM.

We affirm the denial of appellant’s post-conviction motion except as to the claim involving counsel’s failure to call witness Sullivan at trial. This claim is legally sufficient and requires an evidentiary hearing. We remand for further proceedings on this claim only. We affirm the denial of the motion in all other respects.

Affirmed in part, Reversed in part and Remanded.

MAY, C.J., STEVENSON and LEVINE, JJ., concur.

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Austin v. State, 74 So. 3d 1119, 2011 Fla. App. LEXIS 17783, 2011 WL 5375019 (Fla. Ct. App. 2011).

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