Kelly v. State

924 So.2d 69 (2006)

Joseph KELLY, Appellant,

v.

STATE of Florida, Appellee.

No. 4D04-4009.

District Court of Appeal of Florida, Fourth District.

February 22, 2006.

Opinion Denying Rehearing and Certifying Conflict April 12, 2006.

Fred Haddad of Fred Haddad, P.A., Fort Lauderdale, for appellant.

No appearance required for appellee.

WARNER, J.

Joseph Kelly appeals the summary denial of his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. He claims that he set forth a legally sufficient claim of ineffective assistance of counsel based upon misadvice that the court…