Wilcoxen v. State

OPINION

ROBB, Judge.

William Wilcoxen appeals the denial of his petition for post-conviction relief challenging his conviction of Murder and the resulting sentence of sixty years. We affirm.

Issues

Wilcoxen presents for our review the following restated issues:

1. Whether it was fundamental error to instruct the jury that “sudden heat” is an element of the offense of voluntary manslaughter; and

2. Whether he was denied the effective assistance of counsel when trial counsel tendered the erroneous instruction to the trial court and appellate counsel failed to raise the issue of the erroneous…