State v. Richardson

ALTENBERND, Judge.

The State appeals an order granting Ronald Eugene Richardson’s motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The order set aside Mr. Richardson’s judgment and sentence for unlawful sexual activity with a minor and required a new trial based upon Mr. Richardson’s allegation that his trial counsel was ineffective for failing to request a Frye1 hearing to challenge the admissibility of certain statistical DNA evidence.2 Because there was unrebutted evidence establishing that counsel’s decision to permit the admissibility of the…