Martin v. State, 257 So. 3d 153 (2018)

Oct. 31, 2018 · District Court of Appeal of Florida, First District · No. 1D17-3655
257 So. 3d 153
Michael J. MARTIN, Petitioner, v. STATE of Florida, Respondent.

Michael J. MARTIN, Petitioner,
v.
STATE of Florida, Respondent.

No. 1D17-3655

District Court of Appeal of Florida, First District.

October 31, 2018
Rehearing Denied November 15, 2018

Michael J. Martin, pro se, Petitioner.

Pamela Jo Bondi, Attorney General, and Kaitlin Weiss, Assistant Attorney General, Tallahassee, for Respondent.

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).