HOLMES v. STATE

No. 2D02-356.

842 So.2d 187 (2003)

David HOLMES, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 16, 2003.


Attorney(s) appearing for the Case

David Holmes, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and John M. Klawikofsky, Assistant Attorney General, Tampa, for Respondent.


COVINGTON, Judge.

David Holmes, in his petition filed pursuant to Florida Rule of Appellate Procedure 9.141(c), raises several grounds alleging ineffective assistance of appellate counsel. We deny without discussion all of the grounds but one. On the remaining ground, because it is clear that the trial court's erroneous jury instruction, when viewed in context with the prosecutor's closing argument, constituted fundamental error that would have required reversal had...

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