Jimenez v. State

Juan A. Jimenez appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, after an evidentiary hearing. We affirm.

On remand from Jimenez v. State, 754 So.2d 825 (Fla. 3d DCA 2000), the trial court conducted an evidentiary hearing regarding the claim by defendant-appellant Jimenez that his trial counsel was ineffective for failing to call codefendant Antonio Ulloa to testify on defendant’s behalf at trial.1 After taking evidence the trial court concluded “that the decision not to call Ulloa as a witness was a tactical decision based upon a…