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ALLWINE v. STATE

No. 4D11-1059.

124 So.3d 1036 (2013)

Joseph ALLWINE, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

November 6, 2013.

Attorney(s) appearing for the Case

Joseph Allwine, Miami, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Richard Valuntas , Assistant Attorney General, West Palm Beach, for respondent.

PER CURIAM.

This petition alleged ineffective assistance of appellate counsel in failing to raise, as fundamental error, the trial court's error in failing to instruct petitioner's jury, pursuant to section 812.025, Florida Statutes (2004).1

We held this case in abeyance until our supreme court resolved Blackmon v. State, 121 So.3d 535, (Fla.2013) (holding such error was not fundamental...

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