Florida District Courts of Appeal, 2001

Wilson v. State

Wilson v. State
Florida District Courts of Appeal · Decided July 20, 2001 · Harris, Orfinger, Peterson
789 So. 2d 536; 2001 Fla. App. LEXIS 9870; 2001 WL 822794 (Southern Reporter, Second Series)

Wilson v. State

Opinion of the Court

PER CURIAM.

Derek Wilson petitions for a new trial1 alleging ineffective assistance by appellate counsel for failing to raise the same issue on appeal that resulted in the reversal of the conviction of Wilson’s co-defendant, Ernest Wilson. Appellate counsel concedes the omission.

We grant the petition, vacate the judgment of conviction and sentence, and remand for a new trial for the same reason set forth in Wilson v. State, 746 So.2d 1209 (Fla. 5th DCA 1999).

PETITION GRANTED.

HARRIS, PETERSON, and ORFINGER, R.B., JJ., concur.

. See Fla. R.App. P. 9.141(c).

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