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FAIR v. CROSBY

No. 4D03-1655.

858 So.2d 1103 (2003)

Demetrius FAIR, Petitioner, v. James CROSBY, Secretary, Department of Corrections, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 25, 2003.

Attorney(s) appearing for the Case

Demetrius Fair, Okeechobee, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Assistant Attorney General, West Palm Beach, for respondent.

HAZOURI, J.

Demetrius Fair filed a petition alleging ineffective assistance of appellate counsel. We grant the petition but deny petitioner's request that this court order a new trial, concluding instead that petitioner is entitled to a belated appeal because appellate counsel was ineffective in failing to raise in his original direct appeal the issue of whether the trial court's jury instruction regarding self-defense...

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