MINOR v. SINGLETARY

No. 98-2123

730 So.2d 326 (1999)

Herman MINOR, Petitioner, v. Harry SINGLETARY, Secretary of Florida Department of Corrections, Respondent.

District Court of Appeal of Florida, Third District.

February 24, 1999.


Attorney(s) appearing for the Case

Herman Minor, in proper person.

Robert A. Butterworth, Attorney General, and Terri Leon-Benner, Assistant Attorney General (Fort Lauderdale), for respondent.

Before COPE, GERSTEN, and SHEVIN, JJ.


ON PETITION FOR WRIT OF HABEAS CORPUS

PER CURIAM.

Herman Minor petitions this Court for an opportunity to file a second appeal on the ground that his appellate counsel overlooked an appealable issue the first time around. Minor contends 1) that the trial judge gave an erroneous oral jury instruction regarding the definition of "excusable homicide," 2) that the error was fundamental, and 3) that his appellate counsel omitted this fundamental error...

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