Cipriano v. State

Keith Cipriano appeals the summary denial of his rule 3.850 motion. We reverse in part and remand for further review of two related claims.

Following a jury trial, appellant was convicted as charged of solicitation to commit first degree murder. According to the evidence at trial, he asked a former neighbor to kill his ex-wife’s live-in boyfriend for $500.

In ground IB of his postconviction motion, appellant asserted that his trial attorney provided ineffective assistance by not investigating the neighbor, Mr. Baio, who was the State’s key witness. Appellant alleged Baio had a motive to give…