Rehearing Denied Dec. 22, 2011.
[Copyrighted Material Omitted]
Vernon Allen, in proper person.
Pamela Jo Bondi, Attorney General, for appellee.
Before SHEPHERD and EMAS, JJ., and SCHWARTZ, Senior Judge.
Vernon Allen appeals the trial court's order denying his motion for postconviction relief. We affirm.
Allen was arrested on August 15, 2006. On September 11, 2006, the State filed an information charging three counts: armed burglary (count one), grand theft (count two), and felony criminal mischief (count three). Trial counsel was court-appointed on September 19, 2006, to represent Allen, who was declared indigent. On February 12, 2007, a notice of expiration of the speedy trial period was filed. Trial began on February 20, 2007. Allen was found guilty of burglary of a dwelling, grand theft, and misdemeanor criminal mischief.
The trial court ordered that a presentence investigation report be prepared in advance of the sentencing. During the presentence investigation process, Allen met, and was interviewed by, an investigator with the Department of Corrections. During the interview, Allen protested his innocence, and made allegations that his trial counsel had provided ineffective assistance of counsel. As a result, the trial court held a hearing on Allen's claims prior to proceeding on the sentencing. The trial court heard testimony and determined that trial counsel did not provide ineffective assistance of counsel. Allen was subsequently sentenced to twenty years' imprisonment as a habitual felony
offender (count one), five years' imprisonment (count two) and credit for time served (count three). The convictions and sentences were affirmed on direct appeal.
Allen filed a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. He raised four grounds, each alleging ineffective assistance of his trial counsel. ...