Toussaint v. State

We review the order denying Elvestre Toussaint’s rule 3.850 motion for post-conviction relief and conclude that the trial court erred in summarily denying one of the three claims alleged in appellant’s motion.

Toussaint was charged, and convicted of sexual battery upon a person less than 12 years old. Toussaint argued in point one that trial counsel was ineffective having failed to present an alibi defense based on Toussaint’s work schedule during the month in question.

Toussaint alleges that his employers could have demonstrated that he was at work or en route to work at the time and therefore…