GRIMSLEY v. STATE

No. 2D07-1948.

967 So.2d 1132 (2007)

Michael GRIMSLEY, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

November 16, 2007.


Attorney(s) appearing for the Case

Michael Grimsley, pro se.

Bill McCollum, Attorney General, Tallahassee, and Richard M. Fishkin, Assistant Attorney General, Tampa, for Respondent.


CANADY, Judge.

Michael Grimsley, in his petition filed pursuant to Florida Rule of Appellate Procedure 9.141(c), alleges that his appellate counsel was ineffective for failing to argue in the direct appeal of his aggravated battery conviction that the instruction on the justifiable use of force, which was given to the jury at trial, constituted fundamental error. We agree that appellate counsel rendered ineffective assistance when she neglected to raise this issue...

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