Gillard v. State

MICKLE, Judge.

Howard L. Gillard, who was convicted of one count of sexual battery and one count of aggravated assault on a person older than 65, appeals the summary denial of his motion filed pursuant to Florida Rules of Criminal *897Procedure 3.850. We affirm in part, reverse in part, and remand for further proceedings.

In his motion, Gillard alleged three claims of ineffective assistance of counsel. We conclude that Ground One, alleging trial counsel’s failure to seek a continuance, was properly denied for failure to satisfy either prong of the test set forth in Strickland v. Washington, 466…