RANDALL GASKINS
v.
STATE OF FLORIDA
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An ineffective assistance of counsel claim based on trial counsel's failure to move for judgment of acquittal cannot be decided on direct appeal when it is unclear from the record whether the State could have reopened its case to present additional evidence.
[1] An ineffective assistance of counsel claim based on counsel's failure to move for judgment of acquittal cannot be decided on direct appeal when the appellate record does…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Ineffective assistance of counsel claims may be raised on direct appeal 'when ineffectiveness is obvious on the face of the appellate record, the prejudice caused by the conduct is indisputable, and a tactical explanation for the conduct is inconceivable.'”
Court stating the standard for raising ineffective assistance claims on direct appeal
Gaskins was convicted of burglary of a dwelling with assault or battery and grand theft from a dwelling. At trial, the victim testified only to what h…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
RANDALL GASKINS,
Appellant,
v. Case No. 5D18-1089
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed March 29, 2019
Appeal from the Circuit Court for Orange County, Jenifer M. Harris, Judge.
James S. Purdy, Public Defender, and Darnelle Paige Lawshe, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Randall Gaskins was convicted of burglary of a dwelling with an assault or battery and grand theft of $100 or more from a dwelling or curtilage. On appeal, Gaskins challenges the judgment and sentence entered on the grand theft conviction. We affirm.
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- Corzo v. State, 806 So. 2d 642 (Fla. 2d DCA 2002)
- Charleston Karrem Larry v. State, 61 So. 3d 1205 (Fla. 5th DCA 2011)
- Beazley v. State, 148 So. 3d 552 (Fla. 1st DCA 2014)
- Raymel J. Roque v. State, 61 So. 3d 1205 (Fla. 3d DCA 2011)