Spry v. State

LaROSE, Judge.

Torrie Spry appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 8.850. We reverse and remand for further proceedings.

A jury convicted Mr. Spry of possession of cocaine within 1000 feet of a child care facility with intent to sell. The trial court sentenced him to ten years in prison, followed by five years of drug offender probation. We previously affirmed the conviction and sentence. See Spry v. State, 912 So.2d 384 (Fla. 2d DCA 2005).

Now, Mr. Spry claims that his trial counsel was ineffective for failing to…