AVILA v. STATE

No. 4D00-70.

781 So.2d 413 (2001)

Henry AVILA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 17, 2001.


Attorney(s) appearing for the Case

Patrick C. Rastatter of Glass & Rastatter, P.A., Fort Lauderdale, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Steven R. Parrish, Assistant Attorney General, West Palm Beach, for appellee.


POLEN, J.

This case is before us for the third time after we granted Henry Avila's petition for writ of habeus corpus based on a valid claim for ineffective assistance of appellate counsel. In this new appeal on the merits from his convictions of second-degree felony murder, armed burglary, and attempted armed robbery, Avila argues that the trial court improperly responded to the jury's request to review specific alibi testimony. We agree and thus, reverse.

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