McAllister v. State

District Court of Appeal of Florida

McAllister v. State

150 So. 3d 280, 2014 Fla. App. LEXIS 18407, 2014 WL 5839991

District Court of Appeal of Florida·Decided November 12, 2014·No. No. 1D14-3532·Published

Opinion

PER CURIAM.

The petition alleging ineffective assistance of appellate counsel is granted. See Alexander v. State, 121 So.3d 1185 (Fla. 1st DCA 2013) (finding that the trial court committed fundamental error by giving standard jury instruction providing that self-defense applied only if the victim suffered an “injury”). The petitioner’s conviction and sentence are REVERSED, and this matter is REMANDED for a new trial.

VAN NORTWICK; RAY, and OSTERHAUS, JJ., concur.

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PER CURIAM.

The petition alleging ineffective assistance of appellate counsel is granted. See Alexander v. State, 121 So.3d 1185 (Fla. 1st DCA 2013) (finding that the trial court committed fundamental error by giving standard jury instruction providing that self-defense applied only if the victim suffered an “injury”). The petitioner’s conviction and sentence are REVERSED, and this matter is REMANDED for a new trial.

VAN NORTWICK; RAY, and OSTERHAUS, JJ., concur.

McAllister v. State, 150 So. 3d 280, 2014 Fla. App. LEXIS 18407, 2014 WL 5839991 (Fla. Ct. App. 2014).

Pincite

150 So. 3d 280 (McAllister v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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