TONY ERIC DUPIN
v.
STATE OF FLORIDA
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Trial counsel's failure to request a jury instruction on justifiable use of nondeadly force constitutes ineffective assistance of counsel and warrants reversal and remand for a new trial.
[1] An ineffective assistance of counsel claim based on counsel's failure to request a jury instruction on an available defense may be raised on direct appeal when the ineffe…
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Join FLexlaw to unlock all legal intelligence“ineffectiveness is apparent on the face of the record and it would be a waste of judicial resources to require the trial court to address the issue”
Blanco v. Wainwright standard for raising ineffective assistance of counsel claims on direct appeal
Tony Eric Dupin was convicted of aggravated battery with a deadly weapon (a knife).…
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KELLY, Judge.
Tony Eric Dupin appeals from his judgment and sentence for aggravated battery with a deadly weapon (a knife). He argues that his trial counsel's failure to object to the absence of a jury instruction on justifiable use of nondeadly force constituted ineffective assistance of counsel. While it is rare that a claim that defense counsel is ineffective will be considered on direct appeal, a defendant may raise it if the
"ineffectiveness is apparent on the face of the record and it would be a waste of judicial resources to require the trial court to address the issue." Blanco v. Wainwright, 507 So. 2d 1377, 1384 (Fla. 1987). Counsel's performance in this case meets that standard.
See McComb v. State, 174 So. 3d 1111, 1113 (Fla. 2d DCA 2015) (finding ineffective assistance of counsel on the face of the record where counsel's failure to request an instruction on justifiable use of nondeadly force deprived the defendant of a defense);
see also Michel v. State, 989 So. 2d 679, 681 (Fla. 4th DCA 2008) (same). Accordingly,
we reverse and remand for a new trial.
Reversed and remanded.
CASANUEVA and KHOUZAM, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Katarzyna MA Maksymowska v. State (Fla. 2d DCA 2020)
Authorities Cited
- Blanco v. Louie L. Wainwright, 507 So. 2d 1377 (Fla. 1987)
- Michel v. State, 989 So. 2d 679 (Fla. 4th DCA 2008)
- McCOMB v. State, 174 So. 3d 1111 (Fla. 2d DCA 2015)