LYNN v. STATE

No. 94-03249.

645 So.2d 104 (1994)

Freddie D. LYNN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 9, 1994.


PER CURIAM.

Freddie Lynn appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Of the five grounds of ineffective assistance of counsel raised, one has merit: defense counsel's failure to honor the appellant's desire to testify. We reverse for further proceedings as to this issue only.

When the trial court denied the motion, it did not have the benefit of Gill v. State,

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