Guy v. State

District Court of Appeal of Florida

Guy v. State

841 So. 2d 556, 2003 Fla. App. LEXIS 3071, 2003 WL 882383

CourtDistrict Court of Appeal of Florida

DecidedMarch 10, 2003

DocketNo. 1D02-787

StatusPublished

This text of 841 So. 2d 556 (Guy 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.

Bluebook

Guy v. State, 841 So. 2d 556, 2003 Fla. App. LEXIS 3071, 2003 WL 882383 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

The appellant challenges the order by which the trial court summarily denied his Florida Rule 3.850 motion for postconviction relief. We conclude that the motion sets forth one colorable claim. In his first claim for relief, the appellant alleges a colorable claim that his trial counsel was ineffective for failing to investigate or call various exculpatory witnesses. See Gaskin v. State, 737 So.2d 509 (Fla.1999). Accordingly, the trial court’s summary denial of this claim is reversed and this case is remanded for further proceedings under the rule. We affirm the trial court’s denial of the remaining claims.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

ALLEN, C.J., BENTON and HAWKES, JJ., concur.

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PER CURIAM.

The appellant challenges the order by which the trial court summarily denied his Florida Rule 3.850 motion for postconviction relief. We conclude that the motion sets forth one colorable claim. In his first claim for relief, the appellant alleges a colorable claim that his trial counsel was ineffective for failing to investigate or call various exculpatory witnesses. See Gaskin v. State, 737 So.2d 509 (Fla.1999). Accordingly, the trial court’s summary denial of this claim is reversed and this case is remanded for further proceedings under the rule. We affirm the trial court’s denial of the remaining claims.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

ALLEN, C.J., BENTON and HAWKES, JJ., concur.

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841 So. 2d 556, 2003 Fla. App. LEXIS 3071, 2003 WL 882383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guy-v-state-fladistctapp-2003.

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