Pierre v. State

Olson Pierre appeals from the trial court’s summary denial of his motion for post conviction relief under Florida Rule of Criminal Procedure 3.850. We reverse.

Pierre alleged in his motion that his trial counsel was ineffective for failing to call certain witnesses, who he contends would have supported his theory of an alibi and misidentification. The witnesses testified at a pretrial hearing, but not at trial. The trial court summarily denied Pierre’s motion without holding an evidentiary hearing or addressing the specific portions of the trial court record at issue in Pierre’s motion. This…