Gaskins v. State
Gaskins v. State
Opinion of the Court
Randall Gaskins was convicted of burglary of a dwelling with an assault or battery and grand theft of $ 100 or more from a dwelling or curtilage. On appeal, Gaskins challenges the judgment and sentence entered on the grand theft conviction. We affirm.
The sole issue on appeal is whether Gaskins' trial counsel was ineffective for failing to move for a judgment of acquittal on the basis that the State failed to present sufficient evidence establishing the stolen property's value. At trial, the victim testified only as to what he had paid for the stolen items.
Ineffective assistance of counsel claims may be raised on direct appeal "when ineffectiveness is obvious on the face of the appellate record, the prejudice caused by the conduct is indisputable, and a tactical explanation for the conduct is inconceivable." Larry v. State ,
AFFIRMED, without prejudice to Gaskins asserting his ineffective assistance of counsel claim in a timely filed motion for postconviction relief pursuant to rule 3.850.
COHEN, LAMBERT, and SASSO, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.