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GAY v. STATE

No. 1D05-5141.

936 So.2d 723 (2006)

William Floyd GAY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 17, 2006.

Attorney(s) appearing for the Case

William Floyd Gay, pro se, Blountstown, for Appellant.

Charlie Crist, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Appellant Gay appeals the summary dismissal of two claims advanced in a Rule 3.850 motion for postconviction relief. We affirm the summary dismissal of one of the claims, but reverse and remand the other for further proceedings.

Gay first argues he received ineffective assistance when defense counsel withdrew an objection to a special jury instruction. The trial court found the record conclusively showed that withdrawal of the objection constituted...

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