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BANEK v. STATE

No. 2D11-110.

75 So.3d 762 (2011)

David BANEK, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

November 2, 2011.

Attorney(s) appearing for the Case

Frances Martinez of Escobar & Associates, P.A., Tampa, for Petitioner.

Pamela Jo Bondi , Attorney General, Tallahassee, and Sonya Roebuck Horbelt , Assistant Attorney General, Tampa, for Respondent.

DAVIS, Judge.

David Banek was charged with attempted first-degree murder with a weapon. A jury convicted him of the lesser-included offense of attempted second-degree murder with a weapon. This court affirmed the judgment and sentence. See Banek v. State, 11 So.3d 945 (Fla. 2d DCA 2009) (unpublished table decision). Banek subsequently filed a petition pursuant to Florida Rule of Appellate Procedure 9.141(d), alleging solely...

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