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VIERA v. STATE

No. 2D11-4093.

133 So.3d 563 (2014)

Carlos VIERA, Petitioner, v. STATE Of Florida, Respondent.

District Court of Appeal of Florida, Second District.

February 12, 2014.

Attorney(s) appearing for the Case

Carlos Viera, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Diane F. Medley and Nancy Jack , Assistant Attorneys General, Tampa, for Appellee.

PER CURIAM.

In his petition filed pursuant to Florida Rule of Appellate Procedure 9.141(d), Carlos Viera contends that his appellate counsel was ineffective for failing to argue that the then-standard jury instruction for manslaughter by act as given to the jury in Viera's trial for second-degree murder was fundamental error. Based on the facts of Viera's case and for the reasons discussed in Horne v. State, 128 So.3d 953

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