Moye v. State

Kenneth Moye appeals the trial court’s order denying his motion seeking postcon-viction relief. See Fla.R.Crim.P. 3.850. The motion raised six claims of error, two of which were afforded an evidentiary hearing. We affirm the trial court’s denial of grounds two through six but vacate and remand this matter to the trial court for further proceedings regarding ground one.

Moye alleged in ground one of his motion that his defense counsel was ineffective for denying him his right to testify. To support this claim, Moye alleged that he had adamantly instructed counsel that he wanted to testify on…