Walker v. State

Defendant, Willie J. Walker, appeals the summary denial of his motion filed pursuant to rule 3.850, Florida Rules of Criminal Procedure, which claims ineffective assistance of his trial counsel. We affirm in part and reverse in part.

The trial judge denied Defendant’s motion, holding that the reasons given for the claimed ineffective assistance could and should have been raised on direct appeal. We note that in Cherry v. State, 659 So.2d 1069 (Fla.1995), the Florida Supreme Court held that issues which could have been raised on direct appeal cannot be couched in terms of ineffective assistance…