Scott v. State

SHAHOOD, Judge.

We deny petitioner Robert A. Scott’s petition for habeas corpus in which he alleges ineffective assistance of appellate counsel. Petitioner claims that he was entitled to that part of the standard jury instruction on false imprisonment which states:

3. (Defendant) acted for any other purpose other than to:(b) commit or facilitate commission of any felony.

Petitioner argues that appellate counsel should have raised this issue in the initial appeal, and had counsel done so, the conviction would have been overturned.

Appellee concedes that the trial court did not give that portion of…