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192 So. 3d 1261

David A. Rice v. State

District Court of Appeal of Florida · decided 2016-06-10

Decided 2016-06-10

PER CURIAM.

¶1 David Allen Rice appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In his motion, Rice filed a single claim of ineffective assistance of counsel for failure to request a jury instruction on the justifiable use of deadly force. Because we conclude that Rice asserted a facially sufficient claim not refuted by the record, we reverse for an eviden-tiary hearing.

¶2 REVERSED AND REMANDED.

ORFINGER, EVANDER and COHEN, JJ., concur.
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