Florida District Courts of Appeal, 2018

Martin v. State

Martin v. State
Florida District Courts of Appeal · Decided October 31, 2018
257 So. 3d 153 (Southern Reporter, Third Series)

Martin v. State

Opinion of the Court

Per Curiam.

DENIED .

Osterhaus and Winsor, JJ., concur; Wolf, J., dissents with opinion.

I would grant the petition for ineffective assistance of appellate counsel. See Andujar-Ruiz v. State , 205 So.3d 803 (Fla. 2d DCA 2016) (holding appellate counsel was ineffective for failing to argue trial court's instruction on duty to retreat constituted fundamental error).

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