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JOHNSTON v. STATE

No. 2D23-13.

371 So.3d 422 (2023)

David Blake JOHNSTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 29, 2023.

Attorney(s) appearing for the Case

Brett McIntosh and Kevin M. Griffith of Brett D. McIntosh, P.A., Sarasota, for Appellant.

Ashley Moody , Attorney General, Tallahassee, and David Campbell , Assistant Attorney General, Tampa, for Appellee.

David Blake Johnston appeals from the order summarily denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse for the postconviction court to address Mr. Johnston's claim that trial counsel was ineffective for failing to file a motion for new trial on the ground that the verdict was contrary to the...

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