Gay v. State

Appellant Gay appeals the summary dismissal of two claims advanced in a Rule 3.850 motion for postconviction relief. We affirm the summary dismissal of one of the claims, but reverse and remand the other for further proceedings.

Gay first argues he received ineffective assistance when defense counsel withdrew an objection to a special jury instruction. The trial court found the record conclusively showed that withdrawal of the objection constituted reasonable trial strategy. Accordingly, the trial judge summarily dismissed the claim. We agree and affirm the summary dismissal of this claim.

Gay…