Florida District Courts of Appeal, 2015

Glen W. Davis v. State

Glen W. Davis v. State
Florida District Courts of Appeal · Decided February 18, 2015 · Ciklin, Levine, Per Curiam
158 So. 3d 742; 2015 Fla. App. LEXIS 2154; 2015 WL 674783 (Southern Reporter, Third Series)

Glen W. Davis v. State

Opinion

PER CURIAM.

In response to this Court’s order to show cause, the State acknowledges that our decision in Wimberly v. State, — So.3d - (Fla. 4th DCA 2014), requires remand. For the same reasons discussed in Wimberly, we conclude that appellate counsel was ineffective in failing to argue fundamental error regarding the flawed attempted voluntary manslaughter jury instruction.

The petition alleging ineffective assistance of appellate counsel is granted. Because a new appeal would be redundant, we vacate the attempted second-degree murder conviction and remand for a new trial.

Petition granted.

MAY, CIKLIN and LEVINE, JJ., concur.

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