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FARMER v. STATE

No. 4D05-2029.

932 So.2d 639 (2006)

David W. FARMER, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

July 12, 2006.

Attorney(s) appearing for the Case

David W. Farmer, Moore Haven, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for respondent.

ON MOTION FOR REHEARING

PER CURIAM.

David Farmer petitions this court for a writ of habeas corpus, alleging that his appellate attorney provided ineffective assistance by failing to raise fundamental errors in the jury instructions regarding the justifiable use of deadly force. We grant the motion for rehearing and withdraw our previous order denying the petition.

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