Hernandez v. State

Danny Hernandez appeals the summary denial of his motion for post-conviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for further review of two of Hernandez’s three claims.

Hernandez was convicted of two counts of aggravated battery with a firearm and one count of aggravated assault with a *581firearm as a result of his involvement in a shooting at a sports bar. Two men were shot in the leg. Hernandez was shot as well. He presented a misidentification defense.

Hernandez alleges in his motion that counsel was ineffective in failing to locate and call…