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MICHEL v. STATE

No. 4D07-2481.

989 So.2d 679 (2008)

Judith MICHEL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 17, 2008.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and John Pauly, Jr. and Harris Printz, Assistant Public Defenders, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.

STONE, J.

We reverse Michel's conviction for simple battery. The face of the record demonstrates ineffective assistance of counsel arising out of the trial court's failure to give an instruction on the justifiable use of non-deadly force. The record also shows that this failure was prejudicial. See Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 205, 80 L.Ed.2d 674 (1984).

Michel was charged with aggravated battery...

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