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CURRY v. STATE

No. 2D10-1515.

64 So.3d 152 (2011)

Bryan CURRY, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

June 15, 2011.

Attorney(s) appearing for the Case

Bryan Curry , pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Helene S. Parnes , Assistant Attorney General, Tampa, for Respondent.

PER CURIAM.

Bryan Curry, in the sole ground in his petition filed pursuant to Florida Rule of Appellate Procedure 9.141(c), contends that his appellate counsel was ineffective in failing to argue that the then standard jury instruction for manslaughter by act that was given to the jury in his second-degree murder trial constituted fundamental error.1 We agree, and as we did in Del Valle v....

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