Cannon v. State

738 So. 2d 1029, 1999 Fla. App. LEXIS 11561, 1999 WL 641634

Procedural entryThis page is a short order in Cannon v. State. Read the opinion of the Court — 2000 Fla. App. LEXIS 10939 →

District Court of Appeal of Florida·Decided August 25, 1999·No. No. 98-2907·Published

Opinion

PER CURIAM.

Gregory Cannon appeals from the summary denial of his motion for post-conviction relief. We affirm, in part and reverse, in part.

As the State properly concedes, the trial court should have conducted an evidentia-ry hearing with regard to the appellant’s [1030]*1030allegations of ineffective assistance of defense counsel based on the failure to investigate and call five potential alibi witnesses.

The appellant’s remaining points4 lack merit.

Accordingly, the trial courts order is affirmed, in part, reversed, in part, and remanded for further proceedings consistent with this opinion.

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PER CURIAM.

Gregory Cannon appeals from the summary denial of his motion for post-conviction relief. We affirm, in part and reverse, in part.

The appellant’s remaining points4 lack merit.

Accordingly, the trial courts order is affirmed, in part, reversed, in part, and remanded for further proceedings consistent with this opinion.

Cannon v. State, 738 So. 2d 1029, 1999 Fla. App. LEXIS 11561, 1999 WL 641634 (Fla. Ct. App. 1999).

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