Opinion
Case No. 3D02-2196
Opinion filed August 13, 2003.
An Appeal from the Circuit Court for Monroe County, Ruth Becker, Judge. Lower Tribunal No. 99-200.
Fisher, Lawrence Malove and Andrew M. Teschner, for appellant.
Charles J. Crist, Jr., Attorney General, and Fredericka Sands, Assistant Attorney General, for appellee.
Before FLETCHER, RAMIREZ, and WELLS, JJ.
Titus Barber appeals the denial of his rule 3.850 motion in which he raises four instances of ineffective assistance of counsel. We affirm. However, in its order denying the motion, the trial court only addressed three issues. We therefore remand so that the trial court may address Barber's fourth issue, ineffective assistance of counsel for failure to request a jury instruction pertaining to guilty knowledge of the controlled substance. See Currelly v. State, 801 So.2d 1000 (Fla. 2d DCA 2001); Hurley v. State, 779 So.2d 608 Fla. 1st DCA 2001) (trial court orders which do not address all of the claims for post-conviction relief will be remanded for entry of an order which does).
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.