McCLENDON v. STATE

No. 2D11-3479.

93 So.3d 1131 (2012)

Joshua McCLENDON, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

July 27, 2012.


Attorney(s) appearing for the Case

Joshua McClendon, pro se.

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


WHATLEY, Judge.

Joshua McClendon, in his petition filed pursuant to Florida Rule of Appellate Procedure 9.141(d), raises three claims of ineffective assistance of appellate counsel. We deny two claims without comment. In the remaining claim, McClendon contends that appellate counsel was ineffective in failing to argue that the standard jury instruction for attempted manslaughter by act that was provided to the jury constituted fundamental error because it improperly...

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