Youmans v. State

The defendant appeals from the trial court’s order summarily denying his Florida Rule of Criminal Procedure 3.850 amended motion for postconviction relief. He argues that he was entitled to an evi-dentiary hearing on his claim of ineffective assistance of counsel based on counsel’s alleged failure to investigate, interview, and call an alibi witness. He specifically argues that the trial court’s order incorrectly misstates the timeline as alleged in the motion and, therefore, the record does not conclusively refute his claim of ineffective assistance of counsel. We agree with this argument…