BAKER v. STATE (2002)

District Court of Appeal of Florida,Fourth District.

Edward BAKER, Appellant, v. STATE of Florida, Appellee.

No. 4D01-4143.

Decided: September 25, 2002

Carey Haughwout, Public Defender, and Paul E. Petillo, Assistant Public Defender, West Palm Beach, and Edward Baker, Indiantown, for appellant. Robert A. Butterworth, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.

Edward Baker timely challenges the trial court's denial of his rule 3.850(a) motion for postconviction relief. Baker raised five issues in his motion. Two issues were summarily denied, and three were resolved following an evidentiary hearing.

Baker's claim that counsel failed to obtain a fingerprint analysis is legally sufficient. Baker claims that such investigation would have revealed that his fingerprints were not present at the scene before or during the time of the crime.

We reverse and remand for an evidentiary hearing with respect to this issue. The trial court properly denied Baker's remaining claims.

PER CURIAM.

FARMER, SHAHOOD and TAYLOR, JJ., concur.

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