Gaston v. State

Richard Gaston appeals the denial on remand of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Gaston raised five grounds for relief in his motion. When this court considered his first appeal we reversed and remanded on one issue only. See Gaston v. State, 721 So.2d 399 (Fla. 2d DCA 1998). Although we did not explicitly hold that Gaston’s other claims were without merit, that holding is implicit in our decision.

However, we must again reverse the trial court’s order denying Gaston’s claim that his counsel was ineffective in failing to file a…