DUFFY v. STATE

Case No. 5D22-691.

345 So.3d 934 (2022)

Darryl Lamar DUFFY, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

Opinion filed July 8, 2022.


Attorney(s) appearing for the Case

Darryl Lamar Duffy, Live Oak, pro se.

Ashley Moody , Attorney General, Tallahassee, and Kellie A. Nielan , Assistant Attorney General, Daytona Beach, for Appellee.


In his petition for ineffective assistance of appellate counsel, filed pursuant to Florida Rule of Appellate Procedure 9.141(d), Darryl Duffy alleges that his appellate counsel was ineffective in failing to argue, as fundamental error, that he was convicted of an uncharged offense. We agree and, accordingly, grant the petition.

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