Gary v. State

Calvin Gary appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Pro*336cedure 3.850. We find merit in one of Gary’s claims and reverse as to it. We affirm the trial court’s order in all other respects without comment.

Gary asserts that his trial counsel was ineffective for failing to object to the jury instruction on attempted burglary, which Gary contends was “ambiguous, vague and unconstitutional.” Specifically, Gary asserts that the instruction combined an attempted burglary instruction with an attempt to commit a crime instruction and…