CLAYTON v. STATE

No. 3D08-2456.

994 So.2d 1179 (2008)

Recardo CLAYTON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 3, 2008.


Attorney(s) appearing for the Case

Recardo Clayton, in proper person.

Bill McCollum, Attorney General, for appellee.

Prior report: .


ROTHENBERG, J.

Recardo Clayton ("Clayton") appeals the trial court's order denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm.

Clayton claims that his trial counsel provided ineffective assistance of counsel by failing to file a post-trial motion for new trial or make an ore tenus motion to reduce his robbery conviction to theft. The defendant, who...

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