Sharpe v. State

Petitioner presents a timely claim of ineffective assistance of appellate counsel. We grant the petition as to the argument concerning the erroneous jury instruction. This disposition renders moot the challenge to the alleged sentencing error.

Petitioner was convicted and sentenced for attempted second-degree murder. After briefing was complete in his appeal, but before this court ruled on the merits of petitioner’s appeal, this court issued its opinion in Montgomery v. State, — So.3d —, 2009 WL 350624 (Fla. 1st DCA 2009), which held that the giving of the standard jury instruction on…