Gidney v. State

William Gidney appeals the dismissal of his rule 3.850 motion. In dismissing his motion, the circuit court concluded that his ineffective assistance of counsel claim was insufficient because he did not allege that but for counsels deficient performance he would not have entered the plea and would have insisted on proceeding to trial. Hill v. Lockhart, 474 U.S. 52 (1985). The court concluded appellants other claims could not be raised in a 3.850 motion because they could have been raised in a rule 3.170(l) motion to withdraw plea.