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SMITH v. STATE

No. 1D01-1712.

815 So.2d 707 (2002)

Derrick SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 22, 2002.

Attorney(s) appearing for the Case

Derrick Smith, Pro Se.

Robert A. Butterworth, Attorney General, and Karen M. Holland, Assistant Attorney General, Tallahassee, for Appellee.

ALLEN, C.J.

The appellant challenges an order summarily denying a Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. We affirm the order except as to the claim based on counsel's alleged failure to properly investigate and interview a potential defense witness. This was a facially sufficient claim in accordance with cases such as Marrow v. State, 715 So.2d 1075 (Fla. 1st DCA 1998). Furthermore, this...

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