McAllister v. State

District Court of Appeal of Florida

McAllister v. State

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

CourtDistrict Court of Appeal of Florida

DecidedNovember 12, 2014

DocketNo. 1D14-3532

StatusPublished

This text of 150 So. 3d 280 (McAllister v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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Bluebook (online)

150 So. 3d 280, 2014 Fla. App. LEXIS 18407, 2014 WL 5839991, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcallister-v-state-fladistctapp-2014.

Opinion

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