English v. State

Appellant, Willis English, challenges the order summarily denying his rule 3.850 motion for post-conviction relief. We reverse and remand for record attachments which conclusively refute appellant’s claim or an evidentiary hearing.

Appellant argues that his attorney was made aware of an eyewitness to the crime, Willie White, who would have testified that appellant was not the assailant in an aggravated battery. Appellant further alleged that White was available to testify but that his attorney neither properly investigated White nor subpoenaed him for deposition or trial. This is a sufficient…