Harris v. State

The defendant appeals the circuit court’s denial of his Florida Rule of Criminal Procedure 3.850 motion alleging ineffective assistance of counsel. We reverse for further review of the defendant’s first argument, and affirm without comment as to the remaining arguments.

In his first argument, the defendant alleged that trial counsel was ineffective for failing to file a motion to suppress evidence. At issue is whether the defen dant’s “girlfriend” had common authority to consent to the officers’ entry into the apartment. Cf. Ferguson v. State, 58 So.3d 360 (Fla. 4th DCA 2011) (the state proved…