Paris D. Evans v. State

Paris D. Evans appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm as to Grounds One and Three. However, because the record does not conclusively refute Evans’ claim that counsel was ineffective for failing to investigate and call Carmen G. Leite as an alibi witness at trial, we reverse the summary denial of Ground Two and remand for attachment of those portions of the record conclusively refuting that claim or for an evidentiary hearing. 1 See Freeman v. State, 761 So.2d 1055, 1061 (Fla. 2000) (“[A]…