McDuffie v. State

Tavares McDuffie challenges the lower court’s summary denial of his 3.850 motion for post-conviction relief in which he contended that his trial counsel provided ineffective assistance by failing to file a motion to discharge him when the state improperly filed an amended information after expiration of the time for speedy trial. See Pezzo v. State, 903 So.2d 960 (Fla. 1st DCA 2005); State v. D.A., 939 So.2d 149 (Fla. 5th DCA 2006); State v. Clifton, 905 So.2d 172 (Fla. 5th DCA 2005). We reverse and remand, finding that the appellant stated a legally sufficient basis for relief in his motion.…