Gutierrez v. State

Juan Gutierrez appeals the denial of his rule 3.850 motion alleging his trial attorney was ineffective for failing to investigate and present a potential alibi witness. We reverse to allow the trial court an opportunity to conduct an evidentiary hearing.

Gutierrez pled no contest to aggravated battery on a law enforcement officer and grand theft of a motor vehicle, and was placed on four years’ probation with a special condition that he serve time in county jail. Gutierrez was subsequently charged with violating his probation by driving while license suspended and fleeing a law enforcement…