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OpenJurist

150 So. 3d 280

McAllister v. State

District Court of Appeal of Florida

Decided November 12, 2014

District Court of Appeal of Florida · decided 2014-11-12

Relies on Alexander v. State

Decided 2014-11-12

PER CURIAM.

¶1The 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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