Mallard v. State

The defendant appeals the summary denial of his motion for post-conviction relief, which alleged several grounds. We agree with the defendant that he alleged a legally sufficient ground for post-conviction re lief by contending that his trial counsel should not have coerced him into waiving his right to a speedy trial after the speedy trial time had elapsed. See Hamilton v. State, 979 So.2d 420 (Fla. 2d DCA 2008). While this may have been a strategic decision, that is not obviously the case from the current record.

We thus reverse as to this ground and remand for the trial court to either…