Andujar-Ruiz v. State

KHOUZAM, Judge.

Angel Andujar-Ruiz has filed a petition under Florida Rule of Appellate Procedure 9.141(d), arguing that his appellate counsel was ineffective for failing to argue that the trial court’s instruction on Andujar-Ruiz’s duty to retreat constituted fundamental error. We grant the petition.

A jury convicted Andujar-Ruiz of attempted second-degree murder with a firearm, aggravated battery, and shooting into a vehicle. This court affirmed his judgment and sentences. Andujar-Ruiz v. State, 192 So.3d 49 (Fla. 2d DCA 2015) (table decision).

Andujar-Ruiz was at a gas station when the victim…