Austin v. State

KHOUZAM, Judge.

Phillip L. Austin, Jr., appeals the post-conviction court’s order denying his motion filed under Florida Rule of Criminal Procedure 3.850. In his motion, Austin alleged eleven grounds for relief. Following a hearing on some of the grounds, the postconviction court entered an order denying the motion in its entirety. We affirm the denial of grounds one through ten without comment. However, as to ground eleven, we reverse.

In ground eleven, Austin alleged counsel was ineffective for failing to move for a judgment of acquittal on one of Austin’s two robbery with a firearm charges.…