Perez v. State

WALLACE, Judge.

Jose 0. Perez challenges the order of the postconviction court summarily denying his motion filed in accordance with Florida Rule of Criminal Procedure 3.850. We affirm without comment the denial of all the claims raised in the motion except one. We reverse the denial of Perez’s claim that counsel was ineffective for failing to call witnesses, and we remand for further proceedings on that claim.

Following a jury trial, Perez was convicted of second-degree murder with a firearm. The State presented eyewitness testimony that after Perez had a confrontation with the victim, Perez…