DAVIS v. STATE

No. 5D04-771.

886 So.2d 332 (2004)

Charles O. DAVIS, Jr., Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

November 12, 2004.


Attorney(s) appearing for the Case

Charles O. Davis, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Respondent.


ON MOTION FOR REHEARING

GRIFFIN, J.

Petitioner, Charles O. Davis, Jr. ["Davis"], filed this petition for writ of habeas corpus pursuant to Florida Rule Appellate Procedure 9.141(c), alleging that his appellate counsel was ineffective for failing to argue on direct appeal that the trial court erred by overruling his objection and by giving a jury instruction based on section 776.041, Florida Statutes, effectively negating his defense of self-defense...

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