SHARPE v. STATE

No. 1D09-5806.

39 So.3d 342 (2010)

Alvin SHARPE, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, First District.

May 21, 2010.


Attorney(s) appearing for the Case

Alvin Sharpe, pro se, Petitioner.

Bill McCollum, Attorney General, and Giselle Denise Lylen, Assistant Attorney General, Tallahassee, for Respondent.


PER CURIAM.

Petitioner presents a timely claim of ineffective assistance of appellate counsel. We grant the petition as to the argument concerning the erroneous jury instruction. This disposition renders moot the challenge to the alleged sentencing error.

Petitioner was convicted and sentenced for attempted second-degree murder. After briefing was complete in his appeal, but before this court ruled on the merits of petitioner's appeal, this court issued its...

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