Black v. State

Julius Black (the defendant) appeals the post-conviction court’s order summarily denying ground seven of his motion for post-conviction relief, filed pursuant to rule 8.850 of the Florida Rules of Criminal Procedure. Ground seven alleged ineffective assistance of counsel. We reverse and remand for an evidentiary hearing.

“To prevail on a claim of ineffective assistance of counsel, a party must demonstrate both deficient performance by counsel and prejudice.” Guevara v. State, 227 So.3d 205, 207, 2017 WL 3795605 (Fla. 5th DCA Sep. 1, 2017).

The defendant filed a rule 3.850 motion raising nine…