White v. State

Gary White appeals an order summarily denying his initial motion for postconviction relief pursuant to Rule 3.850, Florida Rules of Criminal Procedure. We affirm in part, reverse in part and remand this cause to the trial court.

White alleged in his motion that his trial counsel rendered ineffective assistance by failing to investigate defense witnesses and by failing to present defense witnesses at trial. 1 In its response to White’s motion, the State argued that this claim was legally insufficient because White’s motion:

— Failed to identify the defense witnesses by name;

— Failed to allege…