Miller v. State

This is an appeal from an order summarily denying a motion for postconviction relief under rule 3.850. We conclude that the trial court erred on one point. The allegation that defense counsel faded to present an available defense to the charge of robbery was sufficient to support a claim of ineffective assistance of counsel. *1142See McKinney v. State, 722 So.2d 933 (Fla. 1st DCA 1998). The records attached to the order show that there was ample evidence the defendant had committed the act, but that does not refute the defendant’s argument that his lawyer should have presented an affirmative…