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HORNE v. STATE

No. 2D11-5409.

128 So.3d 953 (2013)

Edward HORNE, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

December 27, 2013.

Attorney(s) appearing for the Case

Edward Horne, pro se.

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

PER CURIAM.

Edward Horne, in his petition filed pursuant to Florida Rule of Appellate Procedure 9.141(d), alleges that appellate counsel was ineffective for failing to argue that fundamental error occurred when the court gave the then-standard jury instruction for manslaughter by act to the jury in Horne's trial for second-degree murder with a weapon. In a supplemental response to Horne's petition, the State concedes that...

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