Jackson v. State

Defendant Jackson appeals a summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Only the allegation of ineffective assistance of counsel for failure to call a key witness is appropriate for consideration in this collateral challenge. See Sorgman v. State, 549 So.2d 686 (Fla. 1st DCA 1989).

We reject the state’s contention that the motion is defective because the defendant did not refer to a prior motion filed in 1992 pursuant to Florida Rule of Criminal Procedure 3.800(a). This omission, relied on by the' trial court to deny the…