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EFORD v. STATE

No. 5D08-965.

993 So.2d 1170 (2008)

Novel C. EFORD, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

November 7, 2008.

Attorney(s) appearing for the Case

Novel C. Eford, Chipley, pro se.

Bill McCollum, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Respondent.

EVANDER, J.

Eford petitions for a writ of habeas corpus, alleging ineffective assistance of appellate counsel. See generally, Fla. R. App. P. 9.141(c). Only one of the grounds raised in Eford's petition merits discussion. Eford contends that appellate counsel was ineffective for failing to argue that the trial court erred in not instructing the jury on justifiable and excusable attempted homicide when giving the...

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