Cooley v. State, 94-394

• Decision Date: 07 September 1994
• Docket Number: No. 94-394,94-394
• Citation: Cooley v. State, 642 So.2d 108 (Fla. App. 1994)
• Parties: 19 Fla. L. Weekly D1856 Gregory COOLEY, Appellant, v. The STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 108

642 So.2d 108

19 Fla. L. Weekly D1856

Gregory COOLEY, Appellant, v. The STATE of Florida, Appellee.

No. 94-394.

District Court of Appeal of Florida Third District.

Sept. 7, 1994.

Gregory Cooley, in pro per.

Robert A. Butterworth, Atty. Gen., and Paul M. Gayle-Smith, Asst. Atty. Gen., for appellee.

Before BARKDULL, BASKIN and GODERICH, JJ.

PER CURIAM.

Appellant seeks review of the trial court's summary denial of a 3.850 motion.

Appellant was convicted of two counts of first degree murder for killing two women whose bodies were found floating near "Houseboat Row" in Key West. The trial court sentenced appellant to two consecutive life terms with a minimum mandatory twenty-five years in prison. Appellant alleges that he was denied effective assistance of counsel because the public defender failed to call two witnesses in his defense. According to appellant's motion, one witness would have testified that a Mr. J.W. Hewett told him to strangle, stab, and throw the victims in the water because one of the victims had failed to return with the money from a check Mr. Hewett had given her to cash. The other witness would have allegedly testified that appellant told the investigating officer he saw the victims riding in a truck owned by a Mr. Charles Russell on the night of the murders. According to appellant, Mr. Russell is a cousin of the investigating officer.

Absent extraordinary circumstances, failure of counsel to call a witness is not a ground for collateral attack. See Roth v. State, 479 So.2d 848 (Fla. 3d DCA 1985); Suarez v. State, 338 So.2d 546 (Fla. 3d DCA 1976). The record sub judice fails to demonstrate extraordinary circumstances as there was ample evidence contradicting the...