PER CURIAM.
Carlyle Saunders petitions for a writ of habeas corpus for ineffective assistance of appellate counsel. He was convicted of first degree murder and attempted armed robbery in a trial at which the death penalty was waived.
He contends that on direct appeal his appellate counsel should have raised as a fundamental error the trial court's failure to instruct the jury as to the necessarily lesser included offense of second degree murder. Saunders'...
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