Pinder v. State

Randall Pinder appeals the summary denial of his postconviction motion in which he complained that his trial counsel failed to preserve an issue for appeal and invited prosecutorial misconduct by his own actions. The relevant facts are set forth in the opinion issued in Pinder’s direct appeal. Pinder v. State, 738 So.2d 428 (Fla. 4th DCA 1999). The trial court denied the motion, concluding that counsel’s acts were part of his trial strategy, but did not hold an evidentiary hearing before making that determination. Anthony v. State, 660 So.2d 374 (Fla. 4th DCA 1995)(an evidentiary hearing is…