FRANCO v. STATE

No. 4D04-1783.

901 So.2d 901 (2005)

Victor M. FRANCO, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 25, 2005.


Attorney(s) appearing for the Case

Victor M. Franco, Avon Park, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for respondent.


PER CURIAM.

Victor Franco petitions for a writ of habeas corpus arguing that appellate counsel was ineffective in failing to raise an issue as fundamental error on direct appeal. We find that fundamental error did not occur in this case and that appellate counsel was not ineffective.

Franco was charged with four counts of attempted second degree murder with a firearm and proceeded to a jury trial. Franco claims that appellate counsel should have argued that...

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