Cerutti v. State

I concur in affirming the denial of post-conviction relief. Cerutti raised a claim in *207his motion that trial counsel was ineffective in failing to call a witness at trial. Cerutti did not specifically allege that the witness was available to testify at trial.

With the exception of the second district, all the districts (including this one) have held that an allegation of availability is required to state a legally sufficient claim of this type. Highsmith v. State, 617 So.2d 825 (Fla. 1st DCA 1993); Puig v. State, 636 So.2d 121 (Fla. 3d DCA 1994); Catis v. State, 741 So.2d 1140, 1142 (Fla. 4th…