MALONE v. STATE

No. 3D09-1628.

15 So.3d 903 (2009)

Melvin MALONE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 5, 2009.


Attorney(s) appearing for the Case

Melvin Malone, in proper person.

Bill McCollum, Attorney General, for appellee.

Before WELLS, SUAREZ, and CORTIÑAS, JJ.


WELLS, Judge.

Melvin Malone appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, wherein Malone asserted two grounds. The trial court concluded that Malone's claims should have been raised on direct appeal and denied the motion on that basis. We reverse.

First, Malone argued that trial counsel was ineffective for failing to object to a "flawed jury instruction." This was a claim that could be...

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