LESTER YARBROUGH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LESTER YARBROUGH, APPELLANT,
STATE OF FLORIDA, APPELLEE
599 So. 2d 245
Florida District Court of Appeal, First District (1992)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The appellant challenges the summary denial of his Florida Rules of Criminal Procedure 3.850 motion for post-conviction relief. Although the other assertions in the motion do not present any basis for relief, the appellant does make a facially sufficient claim of ineffective assistance of counsel under his first point, wherein he contends that his counsel failed to object to jury instructions which improperly combined elements of separate offenses. We therefore reverse the challenged order as to this claim only, and remand for either an evidentiary hearing or the attachment of such portions of the record as will show that the appellant is not entitled to relief.
BOOTH, BARFIELD and ALLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Poole v. State, 746 So. 2d 1207 (Fla. 1st DCA 1999)…claim that trial counsel was ineffective for failure to object to the defective instruction, therefore, remand is necessary, as the state concedes, so this one claim can be addressed by the trial court in the first instance. See Yarbrough v. State, 599 So. 2d 245 (Fla. 1st DCA 1992). Affirmed in part, reversed in part, and remanded. ALLEN, BENTON, and BROWNING, JJ., CONCUR.…
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Gary v. State, 775 So. 2d 335 (Fla. 2d DCA 2000)…it attempted burglary. He contends that this hybrid instruction confused the jury and shifted the burden of persuasion onto him for some of the elements of the crime. We find this to be a facially sufficient claim for relief. See Yarbrough v. State, 599 So. 2d 245 (Fla. 1st DCA 1992) (holding appellant made facially sufficient claim of ineffective assistance of counsel where he asserted counsel failed to object to jury instructions which improperly combined elements of separate offenses). The trial court den…