Malone v. State

WELLS, Judge.

Melvin Malone appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, wherein Malone asserted two grounds. The trial court concluded that Malone’s claims should have been raised on direct appeal and denied the motion on that basis. We reverse.

First, Malone ai'gued that trial counsel was ineffective for failing to object to a “flawed jury instruction.” This was a claim that could be raised in a 3.850 motion. See Perera v. State, 6 So.3d 1253, 1253-54 (Fla. 3d DCA 2009) (addressing the claim of an erroneous jury…