LEE v. STATE

No. 2D06-4558.

958 So.2d 521 (2007)

Eddie LEE, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

June 6, 2007.


Attorney(s) appearing for the Case

Eddie Lee, pro se.

Bill McCollum, Attorney General, Tallahassee, and Tonja Rene Vickers, Assistant Attorney General, Tampa, for Respondent.


ALTENBERND, Judge.

In his petition filed pursuant to Florida Rule of Appellate Procedure 9.141(c), Eddie Lee contends that his appellate counsel was ineffective for failing to argue on direct appeal that the instruction given to the jury on the offense of burglary constituted fundamental error. We agree that appellate counsel rendered ineffective assistance when he neglected to raise this issue. We therefore grant the petition, reverse Mr. Lee's attempted burglary...

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