Gonzalez v. State

This is an appeal of an order summarily denying a motion for postconviction relief under Florida Rule of Criminal 3.850. We remand for further proceedings.

Defendant-appellant Gonzalez was convicted of armed burglary and false imprisonment. In point one of his motion, the defendant contends that his trial counsel was ineffective for failing to move for a judgment of acquittal on the ground that the evidence was legally insufficient to *1115support the proposition that the defendant was armed during the burglary. He asserts that the evidence only supported the charge of unarmed burglary.

The victim…