J. Justin Lamar Jones seeks a writ of habeas corpus, alleging one claim of ineffective assistance of appellate counsel. Specifically, he argues the attempted manslaughter jury instruction given in his case constituted fundamental error, and counsel’s failure to raise the issue on direct appeal constituted ineffective assistance. . We grant the petition. See Pierce v. State, 121 So.3d 1091, 1093-94 (Fla. 5th DCA 2013) (<HOLDING>). Jones was charged with attempted first-degree
recognizing that ineffective assistance of appellate counsel claims not premised on procedurally barred claims can be raised for the first time on appeal by new appellate counsel and are not limited to habeas review holding failure of appellate counsel to argue on direct appeal that instructions for attempted manslaughter by act were fundamentally flawed constituted ineffective assistance of appellate counsel holding no ineffective assistance of appellate counsel claim for failure to raise as basis for appeal of conviction ineffective assistance of trial counsel where basis for the latter claim was inadequate recognizing that strickland applies to ineffective assistance of appellate counsel claims holding that res judicata does not bar a defendant from raising a claim of ineffective assistance of trial counsel for the first time in a postcollateral proceeding if the defendant was represented by the same counsel at trial and on direct appeal or if an actual conflict of interest enjoined appellate counsel from raising a claim of ineffective assistance of trial counsel on direct appeal