Hampton v. State
Hampton v. State
Opinion of the Court
Hampton appeals the denial of his Rule 3.850 motion, which alleged his counsel had ineffectively assisted him at his trial. Hampton had earlier raised the same issue on direct appeal in Hampton v. State, 396 So.2d 1236 (Fla. 1st DCA 1981), in which we per curiam affirmed on the authority of State v. Barber, 301 So.2d 7 (Fla. 1974), requiring a defendant to raise such issue via a 3.850 motion.
Hampton specifically alleged that his counsel was ineffective for two reasons: (1) Counsel “failed to effectively cross-examine [certain] state witnesses,” and (2) counsel “erroneously believed that he could not request an instruction on lesser offenses and therefore he did not request a lesser and it was not preserved for [his] appeal.” As to the first ground alleged, we agree that the conclusory nature of the claimed deficiency is such that it does not meet the first factor in the four-factor test, required in Knight v. State, 394 So.2d 997, 1001 (Fla. 1981), that the claim of ineffectiveness “be
Accordingly, the order denying the motion to vacate is
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.