Pierce v. State

Petitioner, Marco Pierce, seeks another appeal, alleging ineffective assistance of appellate counsel. See generally Fla. *1092R.App. P. 9.141(d). He asserts, inter alia, that his appellate counsel was ineffective for failing to argue that the jury instructions for attempted manslaughter were fundamentally flawed. We agree and grant the petition.1

Pierce was charged with attempted first-degree premeditated murder with a firearm and a number of additional charges.2 As to the attempted murder charge, the jury was instructed on attempted first-degree murder, attempted second-degree murder, and…