FLUKER v. BUSS

No. 12-1042.

112 So.3d 503 (2012)

Khambriel FLUKER, Petitioner, v. Edwin BUSS, Secretary, Florida Department of Corrections, Respondent.

District Court of Appeal of Florida, Third District.

October 17, 2012.


Attorney(s) appearing for the Case

Khambriel Fluker, in proper person.

Pamela Jo Bondi , Attorney General, and Jay E. Silver , Assistant Attorney General, for respondent.

Before SHEPHERD, SALTER, and LOGUE, JJ.


PER CURIAM.

Khambriel Fluker has petitioned for a writ of habeas corpus alleging ineffective assistance of appellate counsel. Fluker asserts that his appellate counsel was ineffective for failing to argue that an instruction given to the jury was erroneous pursuant to State v. Montgomery, 39 So.3d 252 (Fla.2010). Fluker's direct appeal was not concluded until well after Montgomery

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