Daniels v. State

Appellant Willie Daniels appeals the trial court’s order summarily denying all six grounds of his motion for post-conviction relief filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. We agree with the summary denial of grounds 1, 3, *11344, 5 and 6, but reverse and remand as to ground 2.

In ground 2, appellant alleged ineffective assistance of his trial counsel for failure to explain to him the availability of a defense to the charges of burglary and grand theft on the grounds of voluntary intoxication. This ground is legally sufficient. See Smith v. State, 719 So.2d 1017 (Fla. 4th…