Sims v. State

Appellant seeks review of a final order summarily denying, as “an abuse of process,” his motion seeking post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. Of the instances of alleged ineffective assistance of trial counsel asserted by appellant, only one merits discussion.

Appellant claimed that trial counsel prevented him from testifying in his own defense, notwithstanding his repeatedly expressed desire to do so. Such a claim is legally sufficient. E.g., Vandenburgh v. State, 658 So.2d 181 (Fla. 1st DCA 1995); Wilson v. State, 647 So.2d 185 (Fla. 1st DCA 1994).

The…