District Court of Appeal of Florida March 17, 2004, No. 4D03-4162 (Cerutti v. State)

POLEN, J.,

concurring specially.

I concur in affirming the denial of post-conviction relief. Cerutti raised a claim in *207his motion that trial counsel was ineffective in failing to call a witness at trial. Cerutti did not specifically allege that the witness was available to testify at trial.