Washington v. State

We affirm the summary denial of appellant’s Second Amended Motion for Post-Conviction Relief, except as to his claim that trial counsel acted ineffectively in not calling the appellant’s girlfriend as an alibi witness at appellant’s trial. This claim is not conclusively refuted by the record, and appellee’s argument that counsel made a “strategic decision” not to call the witness generally requires an evidentiary hearing. Anthony v. State, 660 So.2d 374, 376 (Fla. 4th DCA 1995) (“The determination that defense counsel’s actions in not raising an alibi defense or calling alibi witnesses were…