Pena v. State

Hector Pena appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because Pena presented three issues that are not conclusively refuted by the record, we reverse as to these issues. We affirm the trial court’s order in all other respects.

Pena alleges that his trial counsel did not investigate his case and was unprepared for the trial. Pena maintains that the lack of preparation resulted in the defense witnesses identified by Pena not being called to testify and in exculpatory evidence not being admitted into evidence.

Acco…