DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT July Term 2006 DAVID W. FARMER, Petitioner, v. STATE OF FLORIDA, Respondent. No. 4D05-2029 July 12, 2006 ON MOTION FOR REHEARING PER CURIAM. David Farmer petitions this court for a writ of habeas corpus, alleging that his appellate attorney provided ineffective assistance by failing to raise fundamental errors in the jury instructions regarding the justifiable use of deadly force. We grant the motion for rehearing and withdraw our previous order denying the petition. Without a complete appellate record, we cannot determine whether the erroneous instructions constituted fundamental error in this case. Accordingly, we grant Farmer a new appeal on this issue. We are not deciding at this time whether this issue is barred by res judicata based on the arguments presented on direct appeal. STONE, WARNER and SHAHOOD, JJ., concur. * * *
Petition alleging ineffective assistance of appellate counsel to the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Stanton S. Kaplan, Judge; L.T. Case No. 01-6137 CF10A. David W. Farmer, Moore Haven, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and Claudine M.
LaFrance, Assistant Attorney General, West Palm Beach, for respondent.