¶1DENIED .
¶2Osterhaus and Winsor, JJ., concur; Wolf, J., dissents with opinion.
¶3I would grant the petition for ineffective assistance of appellate counsel. SeeAndujar-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).