Payne v. State

We reverse the trial court’s summary denial of Appellant’s first, third, fifth, and eighth claims in the instant rule 3.850 proceeding as the trial court has failed to conclusively refute the allegations raised therein. We find that these four claims must be resolved in an evidentiary hearing.

In his first claim, Appellant alleged that defense counsel was ineffective for failing to call Matthew Thomas as a witness at Appellant’s jury trial. According to Appellant, Thomas would have testified, inter alia, that while incarcerated with Appellant’s co-defendant, Keith Holloway, at the Brevard…