Jones v. State

WHATLEY, Judge.

Michael Dale Jones appeals the denial of his motion for postconviction relief. We reverse and remand for further proceedings.

In his motion, Jones raised three grounds, but in this appeal he addresses the denial of only one of those grounds. 1 That ground was that his trial counsel was ineffective for failing to move for discharge upon expiration of the speedy trial period. The trial court ruled that Jones failed to show that counsel’s performance was deficient because the record reflects that counsel moved for a continuance, which waived Jones’ speedy trial rights.

Jones argues…