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805 So. 2d 911

Dawson v. State

District Court of Appeal of Florida

Decided October 19, 2001

District Court of Appeal of Florida · decided 2001-10-19

Relies on 659 So. 2d 444 - Robinson v. State

Decided 2001-10-19

GREEN, Acting Chief Judge.

¶1Joe Dawson timely appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In Dawson’s motion, he alleged that his trial counsel was ineffective for failing to investigate three alibi witnesses. He has made a facially sufficient claim under Robinson v. State, 659 So.2d 444 (Fla. 2d DCA 1995). We reverse and remand for further proceedings. If the trial court again denies this claim on remand, the trial court must attach documents that conclusively refute the claim.

¶2Reversed and remanded.

CASANUEVA and STRINGER, JJ., Concur.
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