BERTKE v. STATE

No. 5D05-4187.

927 So.2d 76 (2006)

Richard Arthur BERTKE, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

April 7, 2006.


Attorney(s) appearing for the Case

Richard A. Bertke, Lowell, Pro Se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Respondent.


MONACO, J.

Richard Arthur Bertke petitions this court for a writ of habeas corpus, asserting that his appellate counsel was ineffective. Because the petitioner's appellate counsel failed to argue that the trial court erred in giving the forcible felony exception to the self-defense standard jury instruction in a case where there was no independent forcible felony charged, we grant the petition.

Mr. Bertke was tried and convicted of aggravated battery with...

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