TITUS BARBER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
TITUS BARBER, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
851 So. 2d 911
Florida District Court of Appeal, Third District (2003)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Titus Barber appeals the denial of his rule 3.850 motion in which he raises four instances of ineffective assistance of counsel. We affirm. However, in its order denying the motion, the trial court only addressed three issues. We therefore remand so that the trial court may address Barber’s fourth issue, ineffective assistance of counsel for failure to request a jury instruction pertaining to guilty knowledge of the controlled substance. See Currelly v. State, 801 So. 2d 1000 (Fla. 2d DCA 2001); Hurley v. State, 779 So. 2d 608 (Fla. 1st DCA 2001) (trial court orders which do not address all of the claims for post-conviction relief will be remanded for entry of an order which does).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Schrack v. State, 958 So. 2d 985 (Fla. 4th DCA 2007)…unsel never objected to the trial court’s ruling as incomplete. We disagree with the State. A trial court order that does not address all of the claims for post-conviction relief will be remanded for entry of an order that does. See Barber v. State, 851 So. 2d 911 (Fla. 3d DCA 2003); Currelly v. State, 801 So. 2d 1000 (Fla. 2d DCA 2001); see also Gomez v. State, 948 So. 2d 911 (Fla. 2d DCA 2007) (affirming summary denial of defendant’s rule 3.850 motion, but reversing with respect to supplemental motion— whic…
Authorities Cited
- Currelly v. State, 801 So. 2d 1000 (Fla. 2d DCA 2001)
- Hurley v. State, 779 So. 2d 608 (Fla. 1st DCA 2001)