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YORK v. STATE

No. 2D04-2853.

891 So.2d 569 (2004)

James Edward YORK, Jr., Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 1, 2005.

Attorney(s) appearing for the Case

James Edward York, Jr., pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Respondent.

CASANUEVA, Judge.

James Edward York, Jr., in his petition filed pursuant to Florida Rule of Appellate Procedure 9.141(c), alleges that his appellate counsel was ineffective for failing to argue on direct appeal that the jury instruction on the justifiable use of force, given in his trial on the charges of aggravated battery and shooting at, within, or into a vehicle, constituted fundamental error. We agree that appellate counsel was ineffective in neglecting to raise...

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