Kelsey v. State

MICKLE, Judge.

In this appeal from the denial of appellant’s motion for post-conviction relief, filed pursuant to Fla.R.Crim.P. 3.850, we affirm the denial of all of appellant’s claims for relief except for the allegation that trial counsel was ineffective in failing to request a jury instruction on the justifiable use of force. Appellant, who was convicted of resisting an officer with violence, claims that his defense at trial rested upon his theory of justifiable use of force against the officer, and that the evidence adduced at trial was that the officer threatened him with a firearm and a…