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BARNES v. STATE

No. 5D06-46.

932 So.2d 589 (2006)

Eugene Fitzgerald BARNES, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

June 30, 2006.

Attorney(s) appearing for the Case

Eugene Fitzgerald Barnes, Bristol, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.

PALMER, J.

Eugene F. Barnes (petitioner) has filed a petition requesting a belated appeal claiming ineffective assistance of appellate counsel. Concluding that appellate counsel was ineffective for failing to argue on petitioner's direct appeal that one of the trial court's jury instructions constituted fundamental error, we grant the petition.

Petitioner was tried by a jury on the charge of attempted first degree...

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