Opinion
No. 3D08-1804.
October 22, 2008.
A case of original jurisdiction — Habeas Corpus.
Daniel Hilbert, in proper person.
Bill McCollum, Attorney General, and Rolando A. Soler, Assistant Attorney General, for respondent.
Before RAMIREZ, SUAREZ, and CORTIÑAS, JJ.
Prior report: 981 So.2d 1274.
We grant the defendant's petition and remand for a new trial on the conspiracy counts only because, as the State properly concedes, this relief is necessary to prevent a manifest injustice. Baker v. State, 878 So.2d 1236 (Fla. 2004); McKay v. State, 988 So.2d 51 (Fla. 3d DCA 2008).
This court has afforded relief to two of Hilbert's co-defendants finding that the court should not have given a principal instruction in connection with the conspiracy counts brought against the men. Id.; Evans v. State, 985 So.2d 1105 (Fla. 3d DCA 2007); Johnson v. State, 990 So.2d 1245 (Fla. 3d DCA 2008). Hilbert was convicted on two counts of conspiracy; justice requires that he be afforded the same relief. We therefore reverse Hilbert's convictions and remand for a new trial on those counts. We do not disturb the defendant's conviction for grand theft.
Reversed and remanded.