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VICKERY v. STATE

No. 5D03-3128.

869 So.2d 623 (2004)

Wylie M. VICKERY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 19, 2004.

Attorney(s) appearing for the Case

Wylie M. Vickery, Crawfordville, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Lamya A. Henry, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

The defendant, Wylie M. Vickery, filed a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850, claiming, inter alia, ineffective assistance of his trial counsel. Vickery, convicted of lewd or lascivious assault on a child as charged, asserted that his trial counsel was ineffective because she did not request a jury instruction regarding the lesser included offense of simple battery. The trial court summarily denied Vickery...

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