Hartley v. State

Petitioner presents a timely claim of ineffective assistance of appellate counsel. He was charged with first-degree murder and convicted by a jury of second-degree murder. The initial brief in his direct appeal was filed shortly after this court’s decision in Montgomery v. State, — So.3d -, 2009 WL 350624 (Fla. 1st DCA 2009), which held that the giving of the standard jury instruction on manslaughter in a case of this nature was fundamental *585error. The Florida Supreme Court has approved the decision of this court. See State v. Montgomery, 39 So.3d 252 (Fla. 2010). The state has responded to…