Smith v. State

NIMMONS, Judge.

Smith filed a Fla.R.Cr.P. 3.850 motion for post-conviction relief, alleging, among other things, ineffective assistance of counsel. The trial court summarily denied the motion. This court, in Smith v. State, 461 So.2d 991 (Fla. 1st DCA 1984), affirmed in part but reversed and remanded on the ineffective assistance of counsel ground. That ground pertained to counsel’s alleged failure to adequately investigate and/or advise the defendant, prior to entry of his guilty plea, of a possible defense of lack of intent. We stated:

Here, appellant averred in his motion that he did not…