Jimenez v. State

Juan Jimenez appeals an order summarily denying his motion for postcoviction relief under Florida Rule of Criminal Procedure 3.850. We affirm in part and reverse in part.

Defendant-appellant Jimenez contends that his trial counsel was ineffective for failing to call as a witness at trial code-fendant Antonio Ulloa, who gave an affidavit saying that defendant Jimenez had no involvement in the drug transaction for which he was tried. The State argues that defense counsel simply made a tactical decision not to call Ulloa, because there is a tape recording which would impeach Ulloa. Defendant…