Bailey v. State

SALCINES, Judge.

Ruben Junior Bailey appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Bailey raised eight grounds of ineffective assistance of counsel. We affirm without comment as to the denial of grounds one, two, three, five, *1294six, and eight. We reverse as to ground four. We affirm, but write to clarify as to ground seven.

In ground four of his motion, Bailey claims that counsel was ineffective for failing to request a jury instruction on attempted robbery, as a lesser-included offense of armed robbery. Because…