Wiley v. State

Dwight Wiley appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm in part and reverse in part.

Wiley was adjudicated guilty of violating his probation. He alleges that his trial counsel was ineffective for failing to investigate and call a witness to support his claim that he was not at home because he was taking his sister to the local emergency room for heart problems. The trial court erroneously denied the claim as fa-*1087dally insufficient due to Wiley’s omission of the name of the prospective witness. This omission does not render the…