Minton v. State

We review an order denying a motion to vacate judgments and sentences filed under Florida Rule of Criminal Procedure 3.850 on grounds of ineffective assistance of counsel. The State has confessed error as to the denial of an evidentiary hearing on the allegation that trial counsel refused to permit the movant to testify when he stood trial. This confession of error necessarily concedes that the motion’s allegation of resulting prejudice was sufficient as to this claim. See Oisorio v. State, 676 So.2d 1363 (Fla.1996).

On the other hand, the State questions the sufficiency of identical…