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LOPEZ v. STATE

No. 2D12-3971.

136 So.3d 1265 (2014)

Sergio LOPEZ, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

Opinion filed April 23, 2014.

Attorney(s) appearing for the Case

Sergio Lopez, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Susan D. Dunlevy , Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Sergio Lopez, 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 the then-standard jury instruction for manslaughter by act that was given to the jury in his trial for second-degree murder was fundamental error. In a supplemental response to Lopez's petition, the State concedes that in light of the Florida Supreme...

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