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Farmer v. State

932 So. 2d 639, 2006 Fla. App. LEXIS 11621, 2006 WL 1896884
Procedural entryThis page is a short order in Farmer v. State. Read the opinion of the Court — 975 So. 2d 1275 →
District Court of Appeal of Florida·Decided July 12, 2006·No. No. 4D05-2029·Published

Opinion

ON MOTION FOR REHEARING

PER CURIAM.

David Farmer petitions this court for a writ of habeas corpus, alleging that his appellate attorney provided ineffective as[640]*640sistance by failing to raise fundamental errors in the jury instructions regarding the justifiable use of deadly force. We grant the motion for rehearing and withdraw our previous order denying the petition.

Without a complete appellate record, we cannot determine whether the erroneous instructions constituted fundamental error in this case. Accordingly, we grant Farmer a new appeal on this issue. We are not deciding at this time whether this issue is barred by res judicata based on the arguments presented on direct appeal.

STONE, WARNER and SHAHOOD, JJ., concur.

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Farmer v. State, 932 So. 2d 639, 2006 Fla. App. LEXIS 11621, 2006 WL 1896884 (Fla. Ct. App. 2006).

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