Callaway v. State

Michael Anthony Callaway (“Calla-way”) appeals the trial court’s order denying Callaway’s motion to vacate his plea and sentence as a Habitual Violent Felony Offender for two counts of armed robbery with a firearm committed on January 26, 2014. Callaway’s motion was based on three separate claims of ineffective assistance of trial counsel:

1. Trial counsel’s failure to depose certain witnesses where there existed an identification issue;

2. Trial counsel’s failure to request a competency evaluation of Callaway;

3. Trial counsel’s waiver of a presen-tence evaluation without Callaway’s knowledge…