District Court of Appeal of Florida November 9, 2011, 4D09-2834 (Austin v. State)

PER CURIAM.

We affirm the denial of appellant’s post-conviction motion except as to the claim involving counsel’s failure to call witness Sullivan at trial. This claim is legally sufficient and requires an evidentiary hearing. We remand for further proceedings on this claim only. We affirm the denial of the motion in all other respects.

Affirmed in part, Reversed in part and Remanded.

MAY, C.J.