Legal Opinion

Johnson v. State

District Court of Appeal of Florida

Decided March 17, 1999No. 98-02160Published

1Per curiam

Frederick Johnson appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. His motion attacked his 1997 conviction for robbery with a firearm and grand theft, alleging several instances of ineffective assistance of counsel. We affirm the trial court’s denial of all but one of these claims. We reverse as to Johnson’s claim his trial counsel was ineffective for failing to investigate and call alibi witnesses because the attachments to the trial court’s order do not refute this one facially sufficient claim.

In his motion, Johnson…

2Cases cited6 opinions

  1. Highsmith v. StateDistrict Court of Appeal of Florida · 1993
  2. Sampson v. StateDistrict Court of Appeal of Florida · 1963
  3. Cintron v. StateDistrict Court of Appeal of Florida · 1987
  4. Cintron v. StateDistrict Court of Appeal of Florida · 1987
  5. Robinson v. StateDistrict Court of Appeal of Florida · 1995

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