State v. Gibson

W. SHARP, Judge.

The state appeals from the trial court’s order which granted Gibson’s 3.850 motion to set aside his judgment and sentence for a lewd and lascivious act on a child under the age of 16,1 a second degree felony. This court previously affirmed his conviction and sentence on appeal. Gibson v. State, 533 So.2d 338 (Fla. 5th DCA 1988). We find the trial court’s order, which granted Gibson a new trial because of incompetency of trial counsel, to be flawed because it expressly found no prejudice to Gibson. Accordingly, we quash the order.

Following a hearing on the issue of incompetency…