Butler v. State

This is an appeal from the denial of appellant’s rule 3.850 amended motion. We affirm in part, reverse in part, and remand.

Appellant argued before the trial court and here that his trial attorney was ineffective for failing to contact alibi witnesses and call them ,to testify at trial. The witnesses testified at the rule 3.850 evidentiary hearing that they had not been contacted by anyone on appellant’s behalf prior to or during trial. The state presented testimony that the witnesses had been contacted in a timely fashion and could not be of assistance. After reviewing the record, we find…