Hayes v. State

Defendant filed a motion seeking post-conviction relief under rule 3.850. Police reports attached to the claim show two separate robberies in which three men approached a location in a car, and some or all emerged from the vehicle to rob the victims. He stated that the five robbery victims gave conflicting statements as to whether he ever exited the vehicle. He first claimed that his defense counsel was ineffective in failing to exploit this conflict in the evidence. We find this claim legally insufficient because it does not exclude the possibility that he was convicted for aiding and abetting the robbery by driving the car.