WOLFORK v. STATE

No. 2D08-632.

992 So.2d 907 (2008)

Ray A. WOLFORK, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

October 24, 2008.


Attorney(s) appearing for the Case

Ray A. Wolfork, pro se.

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


DAVIS, Judge.

Ray A. Wolfork, in his petition filed pursuant to Florida Rule of Appellate Procedure 9.141(c), contends that appellate counsel was ineffective in failing to argue that the aggravated battery instruction that was given to the jury at trial constituted fundamental error. We agree, and we reverse Wolfork's conviction for aggravated battery on a law enforcement officer, vacate the sentence on this conviction, and remand to the trial court for a new trial...

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