Legal Opinion

Spicer v. State

District Court of Appeal of Florida

Decided November 13, 2009No. 5D08-3561PublishedCited by 4 opinions

1Opinion of the CourtLawson, J.

Michael Spicer appeals from his aggravated battery conviction and fifteen-year prison sentence entered following a jury’s verdict of guilty on the charge. Finding ineffective assistance of counsel apparent on the face of the record, we reverse for a new trial. See, e.g., Bruno v. State, 807 So.2d 55, 63 n. 14 (Fla.2001) (“A claim of ineffectiveness can properly be raised on direct appeal only if the record on its face demonstrates ineffectiveness.”).

Spicer’s sole defense at trial was self-defense. He took the stand himself to testify that he punched the victim only in self-defense after the…

2Cases cited10 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Bruno v. StateSupreme Court of Florida · 2001
  3. Downs v. StateSupreme Court of Florida · 1984
  4. Brown v. StateDistrict Court of Appeal of Florida · 1984
  5. Fowler v. StateDistrict Court of Appeal of Florida · 2006

5 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Morgan v. StateDistrict Court of Appeal of Florida · 2014
  2. Swearingen v. StateDistrict Court of Appeal of Florida · 2012
  3. Alexander v. Quail Pointe II CondominiumDistrict Court of Appeal of Florida · 2015
  4. Jones v. StateDistrict Court of Appeal of Florida · 2013

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