Burroughs v. State

The appellant challenges the trial court’s order summarily denying his motion alleging ineffective assistance of counsel filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse the summary denial of appellant’s facially sufficient claim that his trial counsel was ineffective for failing to call a witness. All other issues are affirmed without further discussion.

The appellant alleges that his counsel was ineffective for failing to call his wife as a witness. In order to allege a facially sufficient claim of ineffective assistance of counsel for failure to call a witness, the…