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319 So. 2d 613

Andrews v. State

District Court of Appeal of Florida

Decided October 14, 1975

District Court of Appeal of Florida · decided 1975-10-14

Cited by 2 later decisions — most recently August 1999

2 state decisions

Relies on 238 So. 2d 65 - Fuller v. Wainwright · 271 So. 2d 780 - Caplinger v. State · Weeks v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1975-10-14

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PER CURIAM.

¶1This appeal is from an order of the trial court denying appellant’s motion, filed under Rule 3.850, RCrP, 34 F.S.A. for relief from a judgment of conviction. The defendant, Andrews, appeals contending his court appointed counsel failed to subpoena a witness for the purpose of testifying at his trial, which evidence, once obtained, would strongly support defendant’s claim of self-defense.

¶2The record, at the Rule 3.850 hearing, reflects that Andrews’ counsel did subpoena the witness in question and exercised the judgment and skill required of him under the facts of this case and applicable law. Caplinger v. State, Fla.App.1973, 271 So.2d 780; Fuller v. Wainwright, Fla.1970, 238 So.2d 65 and Weeks v. State, Fla.App.1971, 253 So.2d 459.

¶3Affirmed.

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