MULLIS v. STATE

No. 5D00-1017.

769 So.2d 475 (2000)

Donald MULLIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 13, 2000.


Attorney(s) appearing for the Case

Richard J. D'Amico, Daytona Beach, for Appellant.

No Appearance for Appellee.


HARRIS, J.

Mullis contends that he should be relieved from the jury's guilty verdict on the charge of aggravated battery, for pushing the victim down stairs, because his attorney was ineffective in not advising him that voluntary intoxication was a defense. Unfortunately, his claim at trial was that he did not touch the victim and did not push her down the stairs, not that he did so only because he was drunk. Even if appropriate...

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