Philip v. State

VILLANTI, Judge.

Robert Philip appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, in which he raised twelve grounds for relief. We affirm the postconviction court’s order on all grounds except on ground 3(a). Pursuant to Spera v. State, 971 So.2d 754, 761 (Fla.2007), we reverse and remand for further proceedings on ground 3(a) only.

In ground 3(a) of his motion Philip alleged that his counsel was ineffective for failing to depose the State’s witnesses in preparation for trial. The trial court denied this claim because it…