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PIERRE v. STATE

No. 4D14-638.

141 So.3d 711 (2014)

Wilson PIERRE, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 28, 2014.

Attorney(s) appearing for the Case

Louis G. Carres , West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Melanie Surber , Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Wilson Pierre, Jr., alleges that his appellate counsel was ineffective for failing to argue on appeal that the manslaughter jury instruction given to the jury constituted fundamental error pursuant to State v. Montgomery, 39 So.3d 252, 259 (Fla.2010). He also faults appellate counsel for failing to notify the court about favorable case law from other jurisdictions. We agree and grant the petition.

Pierre...

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