State v. Garmise

ON REMAND

This appeal is before us on remand from the Florida Supreme Court. The order under review is a trial court order granting a criminal defendant’s motion to vacate judgment and sentence under Fla.R.Crim.P. 3.850 and ordering a new trial on the ground that the defendant was denied effective assistance of counsel at trial. We have previously reversed this order on the basis that the defendant was represented at trial by privately retained counsel of his own choice, which, under the then established law, precluded him from collaterally attacking his criminal conviction based on a claim of…