Woody v. State

The defendant appeals an order denying his Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief. Among the issues raised, he alleged ineffective assistance of counsel based upon an improper Miranda 1 warning and his counsel’s failure to object to an incomplete jury instruction. We affirm the court’s order on the Miranda issue. See Anthony v. State, 980 So.2d 610, 612 (Fla. 4th DCA 2008) (stating that trial counsel was not ineffective by failing to raise the Miranda issue prior to the Roberts 2 decision). However, we reverse and remand the case on the jury instruction…