EVANS v. STATE (2025)

Affirmed. See Castro v. State, 240 So. 3d 877, 878 (Fla. 5th DCA 2018) (“A defendant is entitled to an evidentiary hearing on a claim that counsel was ineffective for failing to call a witness to testify unless the motion is conclusively refuted by the record or is otherwise procedurally barred.”); Occhicone v. State, 768 So. 2d 1037, 1048 (Fla. 2000) (“[S]trategic decisions do not constitute ineffective assistance of counsel if alternative courses have been considered and rejected and counsel's decision was reasonable under the norms of professional conduct.”); Thomas v. State, 121 So. 3d 71, 74 (Fla. 3d DCA 2013) (“A decision not to raise certain possible defenses or call certain defense witnesses is ordinarily a matter of personal judgment and strategy within the prerogatives of defense counsel.” (quoting State v. Eby, 342 So. 2d 1087, 1089 (Fla. 2d DCA 1977))); Brown v. State, 907 So. 2d 612, 613 (Fla. 3d DCA 2005) (“The record reflects that the failure of defense counsel to call the alibi witnesses was a tactical decision ․ [A]s the record conclusively refutes the defendant's claim that defense counsel provided ineffective assistance of counsel, we affirm the order denying the defendant's motion for postconviction relief.”).

PER CURIAM.