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CUMMINGS v. STATE

No. 2D12-1898.

103 So.3d 1048 (2013)

Robert CUMMINGS, Petitioner, v. STATE Of Florida, Respondent.

District Court of Appeal of Florida, Second District.

January 4, 2013.

PER CURIAM.

Robert Cummings, in the sole ground in his petition filed pursuant to Florida Rule of Appellate Procedure 9.141(d), contends that his appellate counsel was ineffective in failing to argue that the manslaughter by act instruction that was given as a necessarily lesser included offense of second-degree murder with a firearm1 constituted fundamental error. We agree, and we reverse Cummings' conviction for second-degree murder...

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