STATE v. BARNES

No. 1D08-5150.

24 So.3d 1244 (2009)

STATE of Florida, Appellant, v. David Lee BARNES, Appellee.

District Court of Appeal of Florida, First District.

December 31, 2009.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, and Christine A. Guard, Assistant Attorney General, Tallahassee, for Appellant.

Nancy A. Daniels, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellee.


LEWIS, J.

The State appeals the trial court's order granting David Lee Barnes' motion for post-conviction relief and awarding a new trial. The State argues that the trial court erred in concluding that Barnes' trial counsel rendered ineffective assistance by failing to request a jury instruction on the justifiable use of non-deadly force. For the reasons expressed below, we agree and reverse.

Barnes was charged by amended information with the second-degree...

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