David A. Rice v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED DAVID ALLEN RICE, Appellant, v. Case No. 5D15-2966 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed June 10, 2016 3.850 Appeal from the Circuit Court for Brevard County, Charles G. Crawford, Judge. Dane K. Chase, of Chase Law Florida, P.A., St. Petersburg, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. 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 evidentiary hearing. REVERSED AND REMANDED. ORFINGER, EVANDER and COHEN, JJ., concur. 2

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