Barnett v. State

ROWE, J.'.Appellant, Elliott Barnett, appeals his convictions for first-degree murder and attempted armed robbery. Barnett argues that defense counsel’s failure to request an alibi instruction was ineffective assistance of counsel apparent on the face of the record, or, in the alternative, the failure to give the instruction resulted in fundamental error. Because Barnett failed to meet *536the heavy burden to prove either of these errors, we affirm.

Facts

The charges in this case arose from the shooting death ‘of William McFaline. The State presented the testimony of two co-defendants, Rasean Vann…