Richard Barnes v. State

ON MOTION FOR REHEARING

EVANDER, J.

Upon consideration of the State’s motion for rehearing, we deny the motion but withdraw our earlier opinion and substitute the following revised opinion in its place:

Richard Barnes was convicted, after a jury trial, of first-degree murder. On appeal, he contends that there was insufficient evidence of premeditation to support a first-degree murder conviction. 1 In his supplemental brief, 2 he argued that defense counsel’s failure to raise this issue below constituted ineffective assistance of counsel apparent from the face of the record. We agree.…