ROSARIO v. STATE

No. 4D06-614.

932 So.2d 1285 (2006)

Luis ROSARIO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 19, 2006.


Attorney(s) appearing for the Case

Jonathan S. Friedman of Jonathan S. Friedman, P.A., Fort Lauderdale, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.


WARNER, J.

Appellant, Luis Rosario, challenges the trial court's denial of his motion for postconviction relief from his conviction of carrying a concealed weapon by a convicted felon. In that motion, he claimed that trial counsel was ineffective in failing to request a jury instruction defining "deadly weapon," because the weapon he carried was a "bread knife." The trial court summarily denied relief. We conclude that even if an instruction should have been given...

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