Marcus v. State

Appellant appeals the trial court’s denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We reverse and remand for further proceedings.

Appellant was charged and found guilty of sexual battery on a child under twelve *852years of age. He was sentenced to life in prison. This Court per curiam affirmed the judgment and sentence as imposed. See Marcus v. State, 51 So.3d 1157 (Fla. 1st DCA 2011).

On March 21, 2012, Appellant filed a timely motion for postconviction relief alleging five grounds of ineffective assistance of counsel. The State’s response denied…