Sloss v. State

Sloss appeals from the summary denial of his post-conviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850, in which he alleged that his trial counsel was ineffective by failing to object to the trial court giving the forcible felony exception instruction when he was only charged with a single offense — aggravated battery. The trial court concluded that Sloss suffered no prejudice. We reverse.

This is Sloss’ third appearance before this court. On Sloss’ direct appeal, this court held that the erroneous giving of the forcible felony exception instruction constituted…