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Wilson v. State

District Court of Appeal of Florida, Fifth District
Jul 20, 2001
789 So. 2d 536 (Fla. Dist. Ct. App. 2001)

Opinion

No. 5D01-991.

July 20, 2001.

Petition Alleging Ineffectiveness of Appellate Counsel, A Case of Original Jurisdiction.

Lawrence J. Nixon of Lawrence J. Nixon, P.A., Daytona Beach, for Petitioner.

Robert A. Butterworth, Attorney General, Tallahassee, and Lamya A. Henry, Assistant Attorney General, Daytona Beach, for Respondent.


Derek Wilson petitions for a new trial 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., J.J., concur.


Summaries of

Wilson v. State

District Court of Appeal of Florida, Fifth District
Jul 20, 2001
789 So. 2d 536 (Fla. Dist. Ct. App. 2001)
Case details for

Wilson v. State

Case Details

Full title:Derek WILSON, Petitioner, v. STATE of Florida, Respondent

Court:District Court of Appeal of Florida, Fifth District

Date published: Jul 20, 2001

Citations

789 So. 2d 536 (Fla. Dist. Ct. App. 2001)

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