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SIMS v. STATE

No. 5D11-2665.

78 So.3d 30 (2011)

Willie Fred SIMS, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

December 16, 2011.

Attorney(s) appearing for the Case

Willie Fred Sims , Milton, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Rebecca Rock McGuigan , Assistant Attorney General, Daytona Beach, for Respondent.

Prior report: 44 So.3d 1222.

PER CURIAM.

Petitioner, Willie Fred Sims ["Sims"], asserts that the jury instruction for manslaughter by intentional act given at his trial constituted fundamental error and that appellate counsel rendered ineffective assistance when he failed to raise this issue on direct appeal. This Court's decisions in Hodges v. State, 64 So.3d 142 (Fla. 5th DCA 2011), and Burton v. State, ___ So.3d ___, 2011 WL 1326258 (Fla. 5th...

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