Ednere Francois v. State

We grant Ednere Francois’ petition alleging ineffective assistance of appellate counsel. Francois was convicted after jury trial of two counts of attempted second degree murder. On direct appeal, appellate counsel argued that the trial court committed fundamental error in giving the standard jury instruction on attempted manslaughter, a lesser offense only one step removed. This Court affirmed without explanation. Francois v. State, 85 So.3d 497 (Fla. 4th DCA 2012) (table).

At the time of the direct appeal, the First District Court of Appeal had extended Montgomery v. State, 70 So.3d 603, 608…