Gilbert v. State

ON MOTION FOR REHEARING

We deny the state’s motion for rehearing, but withdraw our opinion of June 22, 2005, and substitute the following one:

Kevin R. Gilbert appeals the order summarily denying the fourth ground of his rule 3.850 motion for post-conviction relief and the order denying his motion for rehearing. We reverse.

Previously, this court reversed in part the trial court’s summary denial of Defendant’s post-conviction motion where Defendant claimed his trial counsel was ineffective for failing to investigate and call a named alibi witness. See Gilbert v. State, 852 So.2d 397 (Fla. 4th…