Florida District Courts of Appeal, 2014

McAllister v. State

McAllister v. State
Florida District Courts of Appeal · Decided November 12, 2014 · Nortwick, Osterhaus, Ray
150 So. 3d 280; 2014 Fla. App. LEXIS 18407; 2014 WL 5839991 (Southern Reporter, Third Series)

McAllister v. State

Opinion of the Court

PER CURIAM.

The petition alleging ineffective assistance of appellate counsel is granted. See Alexander v. State, 121 So.3d 1185 (Fla. 1st DCA 2013) (finding that the trial court committed fundamental error by giving standard jury instruction providing that self-defense applied only if the victim suffered an “injury”). The petitioner’s conviction and sentence are REVERSED, and this matter is REMANDED for a new trial.

VAN NORTWICK; RAY, and OSTERHAUS, JJ., concur.

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