FUDGE v. STATE

No. 3D09-1471.

45 So.3d 982 (2010)

Drinmard FUDGE a/k/a Trinmard Fudge, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

October 20, 2010.


Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Amy Weber and Brian Ellison , Assistants Public Defender, for petitioner. Drinmard Fudge a/k/a Trinmard Fudge in proper person.

Bill McCollum , Attorney General, and Nicholas A. Merlin , Assistant Attorney General, for respondent.

Before COPE and GERSTEN, JJ., and SCHWARTZ, Senior Judge.


COPE, J.

Defendant-petitioner Drinmard Fudge contends that his appellate counsel was ineffective for failing to raise a claim of vindictive sentencing. We conclude that the defendant's point is well taken.

The defendant was convicted of armed robbery, armed kidnapping, and attempted burglary in Miami-Dade County circuit court case number 05-33506 ("the jury verdict case"). On direct appeal, appellate counsel raised a claim of error in the jury instructions...

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