State v. O'Rourke

THOMPSON, Judge.

The state appeals an order on William J. O’Rourke’s rule 3.850 motion for post-conviction relief which granted O’Rourke a new trial on the charge of attempted first-degree murder. O’Rourke cross-appeals alleging the trial court erred when it denied relief based upon his claim of ineffective assistance of counsel.

We affirm the order denying O’Rourke relief based on his claim of ineffective assistance of counsel. Substantial competent evidence supported the court’s finding that counsel advised O’Rourke of his right to testify and that O’Rourke made an informed decision not to…