Merritt v. State

PARIENTE, Judge.

This appeal follows from the trial court’s summary denial of defendant’s motion for post-conviction relief pursuant to rule 3.850, Florida Rules of Criminal Procedure. We affirm on all grounds, except for defendant’s assertion that he did not voluntarily waive his right to testify on his own behalf.

On remand, an evidentiary hearing is required only on the question of whether trial counsel was ineffective by depriving defendant of his right to testify on his own behalf at trial. The focus of the inquiry, based on defendant’s sworn allegations, should be whether defendant waived…