ORTIZ v. STATE

No. 2D04-5530.

905 So.2d 1016 (2005)

Mario ORTIZ, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

July 1, 2005.


Attorney(s) appearing for the Case

Mario Ortiz, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Sonya Roebuck Horbelt, Assistant Attorney General, Tampa, for Respondent.


PER CURIAM.

In his petition filed pursuant to Florida Rule of Appellate Procedure 9.141(c), Mario Ortiz alleges that his appellate counsel was ineffective for failing to argue on direct appeal that the jury instruction on the justifiable use of deadly force, which was given in his trial on the charge of aggravated battery, constitutes fundamental error. We agree that appellate counsel rendered ineffective assistance when she neglected to raise this issue. We therefore...

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