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Chambers v. State

District Court of Appeal of Florida, Second District
Jan 29, 1993
613 So. 2d 118 (Fla. Dist. Ct. App. 1993)

Summary

reversing and remanding for an evidentiary hearing to determine if counsel's failure to introduce an allegedly exculpatory tape recording was a reasonable tactical decision

Summary of this case from Martin v. State

Opinion

No. 92-04573.

January 29, 1993.

Appeal from the Circuit Court, DeSoto County, James S. Parker, J.


Chambers timely appeals the summary denial of his rule 3.850 motion. Chambers raises three claims to support his motion. We reverse for further proceedings with respect to the claims of ineffective assistance and otherwise affirm the order of denial.

Chambers claims his counsel was ineffective in failing to call an alibi witness. Chambers alleges the witness would have testified that he was in another part of the state on the date the crime occurred and he could not have returned at the time the crime was committed. The failure to call an alibi witness can constitute ineffective assistance. Comfort v. State, 597 So.2d 944 (Fla. 2d DCA 1992). Accordingly, we reverse and remand for further proceedings with respect to this claim.

Chambers also claims counsel was ineffective in failing to introduce into evidence a tape recording which would have demonstrated that Chambers was not involved in the crime. While counsel's failure to introduce the tape may have been a tactical decision, we cannot make that determination from the record before us. We therefore reverse and remand for further proceedings with respect to this claim.

Reversed, in part, and remanded. On remand, the trial court may again deny the relief requested and attach to its order of denial that portion of the record refuting the claims of ineffective assistance or conduct an evidentiary hearing. The order of denial is otherwise affirmed.

SCHOONOVER, A.C.J., and THREADGILL and PATTERSON, JJ., concur.


Summaries of

Chambers v. State

District Court of Appeal of Florida, Second District
Jan 29, 1993
613 So. 2d 118 (Fla. Dist. Ct. App. 1993)

reversing and remanding for an evidentiary hearing to determine if counsel's failure to introduce an allegedly exculpatory tape recording was a reasonable tactical decision

Summary of this case from Martin v. State

reversing summary denial of ineffective assistance of counsel claims where the record was insufficient to support the trial court's findings

Summary of this case from Ciambrone v. State

failing to call alibi witnesses can be ineffective assistance of counsel; trial court must attach record conclusively demonstrating no entitlement to relief or hold evidentiary hearing

Summary of this case from Williams v. State
Case details for

Chambers v. State

Case Details

Full title:ROBERT CHAMBERS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jan 29, 1993

Citations

613 So. 2d 118 (Fla. Dist. Ct. App. 1993)

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