Loudermilk v. State

Appellant Robert Loudermilk was convicted of sexual battery, lewd or lascivious molestation, and lewd or lascivious conduct for acts involving his granddaughter; his convictions and sentences were affirmed on direct appeal. Loudermilk v. State, 33 So.3d 779 (Fla. 4th DCA 2010). He subsequently filed a timely motion for post-conviction relief, Fla. R.Crim. P. 3.850, raising two claims of ineffective assistance of trial counsel. We affirm the trial court’s summary denial of the first claim without comment.

However, as to appellant’s contention that trial counsel misadvised him not to testify at…