Vann v. State

Michael Albert Vann has appealed from an order summarily denying his motion for post-conviction relief, pursuant to Rule 3.850, Florida Rules of Criminal Procedure. We reverse, and remand for reconsideration of Vann’s motion.

Vann was convicted of trafficking in cocaine and aggravated assault, and sentenced; this court affirmed. Vann v. State, 543 So.2d 226 (Fla. 1st DCA 1989). The mandate in Vann issued on April 28, 1989. On August 16, 1991, Vann filed the instant motion with the trial court, alleging ineffective assistance of counsel in failing to call an alibi witness. Vann alleged more…