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PIERCE v. STATE

No. 5D13-440.

121 So.3d 1091 (2013)

Marco PIERCE, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 26, 2013.

Attorney(s) appearing for the Case

Marco Pierce, Carrabelle, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Respondent.

BERGER, J.

Petitioner, Marco Pierce, seeks another appeal, alleging ineffective assistance of appellate counsel. See generally Fla. R.App. P. 9.141(d). He asserts, inter alia, that his appellate counsel was ineffective for failing to argue that the jury instructions for attempted manslaughter were fundamentally flawed. We agree and grant the petition.1

Pierce was charged with...

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