Keller v. State

BARFIELD, Judge.

Robert Dale Keller appeals the trial court’s order summarily denying his motion for post-conviction relief filed under Rule 3.850, Florida Rules of Criminal Procedure. We reverse.

The trial court properly rejected Keller’s first ground for relief, that the prosecutor failed to disclose evidence favorable to the defense, because this allegation was insufficient on its face. However, Keller’s second ground, ineffective assistance of counsel based on defense counsel’s failure to investigate sources of evidence helpful to the defense, was facially sufficient.

The trial court’s order…