Michael J. Martin vs State of Florida

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FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D17-3655 _____________________________ MICHAEL J. MARTIN, Petitioner, v. STATE OF FLORIDA, Respondent. _____________________________ Petition Alleging Ineffective Assistance of Appellate Counsel— Original Jurisdiction. October 31, 2018 PER CURIAM. DENIED. OSTERHAUS and WINSOR, JJ., concur; WOLF, J., dissents with opinion. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ WOLF, J., dissenting. 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). _____________________________ Michael J. Martin, pro se, Petitioner. Pamela Jo Bondi, Attorney General, and Kaitlin Weiss, Assistant Attorney General, Tallahassee, for Respondent. 2

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