Mims v. State

MICKLE, Judge.

Raymond Alonzo Mims appeals the denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Of the two grounds of ineffective assistance of counsel raised, one has merit: defense counsel’s failure to honor Mims’ desire to testify. We reverse for further proceedings as to this issue only.

Mims alleged that, had he been allowed to testify, his alibi testimony would have corroborated the testimony of the sole defense eyewitness that Mims was not present at the scene of the crime. Without conducting an evidentiary hearing, the trial…