Wiggins v. State
This text of 790 So. 2d 1137 (Wiggins 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.
Opinion
Adams WIGGINS, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Fourth District.
*1138 Adams Wiggins, Bowling Green, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.
Adam Wiggins appeals the summary denial of his post-conviction motion. He raised several grounds, including his claim that his trial counsel was ineffective for failing to call the witness listed on his notice of alibi defense to testify at trial.
The state's response to the motion attached the witness' pre-trial statements. In his statements to the police, he expressed confusion about the date and time of the events to which he would have testified. In his pre-trial deposition, he expressed more confidence in his recollections. The trial court adopted the state's argument that defense counsel made a strategic choice not to call the witness due to his credibility problems.
If counsel made a tactical decision to abandon the alibi defense, an evidentiary hearing is required to determine whether that was a reasonable strategic choice. McMillian v. State, 717 So.2d 102 (Fla. 4th DCA 1998); Anthony v. State, 660 So.2d 374 (Fla. 4th DCA 1995). We reverse the order denying the motion and remand for an evidentiary hearing on this allegation only.
STONE, GROSS, and TAYLOR, JJ., concur.
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790 So. 2d 1137, 2001 WL 747347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiggins-v-state-fladistctapp-2001.