Taylor v. State

DELL, Judge.

Appellant seeks reversal of an order denying his motion for post conviction relief filed pursuant to Rule 3.850, Florida Rules of Criminal Procedure. He claims ineffective assistance of counsel and alleges that his counsel failed to call a key alibi witness named L.C. Bryant. Appellant’s trial witness list did not contain the name of L.C. Bryant. However it did list a witness named L.C. Ruffin. The trial court failed to resolve the discrepancy regarding the identity (or identities) of L.C. Ruffin and L.C. Bryant.

Appellee has submitted an affidavit from appellant’s defense counsel…