Hodges v. State

ON MOTION FOR REHEARING

We grant Petitioner’s motion for rehearing, withdraw our prior order denying the *143petition alleging ineffective assistance of counsel and substitute the following opinion in its stead.

Petitioner, Willie Hodges [“Hodges”], convicted of attempted second degree murder, has filed a petition alleging ineffective assistance of appellate counsel because appellate counsel failed to raise the issue of whether the attempted manslaughter jury instruction given in his trial was fundamental error. He relies on State v. Montgomery, 39 So.3d 252 (Fla.2010) and related cases, such as…