Moragne v. State

Anthony D. Moragne appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because Mo-ragne’s claim is not conclusively refuted by the record attachments, we reverse the order of the trial court and remand the case for reconsideration.

In 1998, Moragne was found guilty by a jury of grand theft of a motor vehicle. He alleges that his trial counsel was ineffective for failing to request a jury instruction on the alibi defense, and that he would have been acquitted but for this omission of his counsel. This is a cognizable…