Florida District Courts of Appeal, 1981

Young v. State

Young v. State
Florida District Courts of Appeal · Decided April 1, 1981 · Church, Dauksch, Frank, Sharp
397 So. 2d 1159; 1981 Fla. App. LEXIS 19100 (Southern Reporter, Second Series)

Young v. State

Opinion of the Court

SHARP, Judge.

Young appeals the denial of his motion for post conviction relief. Several grounds were raised in a motion including ineffective assistance of counsel. The trial judge denied the motion holding these issues had been considered on direct appeal. However, the issue of ineffective assistance of counsel had not been raised prior to the 3.850 motion. Denial of effective assistance of counsel is an issue appropriate for collateral relief. Gunn v. State, 378 So.2d 105 (Fla. 5th DCA 1980). We remand this case for an evidentiary hearing on the issue of ineffective assistance of counsel. Battle v. State, 388 So.2d 1323 (Fla. 5th DCA 1980); Dismuke v. State, 388 So.2d 1324 (Fla. 5th DCA 1980).

REMANDED.

DAUKSCH, C. J., and FRANK D. UP-CHURCH, Jr., J., concur.

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