Smith v. State

The record in this cause indicates that the trial judge may have relied, at least in part, on language from the case of Clements v. State, 340 So.2d 1182 (Fla. 4th DCA 1976), which was quoted with approval in Ables v. State, 404 So.2d 137 (Fla. 5th DCA 1981), to-wit:

There was no proffer of the prospective testimony [of putative witnesses not called by defense counsel] by affidavit nor even any factual allegation as to what this exculpatory testimony might be.

340 So.2d at 1183.

By our holding herein, we are reaffirming the principle that allegations as to such proffered testimony in a 3.850…