David A. Rice v. State

District Court of Appeal of Florida

David A. Rice v. State

192 So. 3d 1261, 2016 WL 3201090, 2016 Fla. App. LEXIS 8910

District Court of Appeal of Florida·Decided June 10, 2016·No. 5D15-2966·Published

Opinion

PER CURIAM.

David Allen Rice appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In his motion, Rice filed a single claim of ineffective assistance of counsel for failure to request a jury instruction on the justifiable use of deadly force. Because we conclude that Rice asserted a facially sufficient claim not refuted by the record, we reverse for an eviden-tiary hearing.

REVERSED AND REMANDED.

ORFINGER, EVANDER and COHEN, JJ., concur.

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PER CURIAM.

David Allen Rice appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In his motion, Rice filed a single claim of ineffective assistance of counsel for failure to request a jury instruction on the justifiable use of deadly force. Because we conclude that Rice asserted a facially sufficient claim not refuted by the record, we reverse for an eviden-tiary hearing.

REVERSED AND REMANDED.

ORFINGER, EVANDER and COHEN, JJ., concur.

David A. Rice v. State, 192 So. 3d 1261, 2016 WL 3201090, 2016 Fla. App. LEXIS 8910 (Fla. Ct. App. 2016).

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