Simon v. State

Defendant Clandyve Simon appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 alleging ineffective assistance of counsel. We affirm in part and reverse in part.

Defendant was found guilty of two counts of attempted second degree murder and was sentenced to twenty years in prison. Defendant was accused of firing several shots into a vehicle. The two victims in the vehicle did not testify at trial. The defendant’s defense at trial was misidenti-fication.

In his motion alleging ineffective assistance of counsel, defendant made three claims.…