Legal Opinion

Austin v. State

District Court of Appeal of Florida

Decided November 9, 2011No. 4D09-2834Published

1Per curiam

We affirm the denial of appellant’s post-conviction motion except as to the claim involving counsel’s failure to call witness Sullivan at trial. This claim is legally sufficient and requires an evidentiary hearing. We remand for further proceedings on this claim only. We affirm the denial of the motion in all other respects.

Affirmed in part, Reversed in part and Remanded.

MAY, C.J., STEVENSON and LEVINE, JJ., concur.

2Cases cited1 opinion

  1. Gore v. StateDistrict Court of Appeal of Florida · 2011