Brian Hooks v. State

190 So. 3d 649, 2014 Fla. App. LEXIS 18845, 2014 WL 6460721

Opinion

PER CURIAM.

The petition for writ of habeas corpus is granted.. See Francois v. State, No. 4D14-1558, 2014 WL 5460633 (Fla. 4th DCA 2014) (granting an ineffective, appellate counsel petition where counsel failed to request certification of conflict or a citation to our decision in Williams v. State, 40 So.3d 72 (Fla. 4th DCA 2010)); In the direct appeal, Petitioner’s appellate counsel argued that there was fundamental error in’ the jury instruction. We affirmed without certifying a conflict or providing a citation.1 Hooks v. State, 82 So.3d 905 (Fla. 4th DCA 2011). This prevented petitioner from obtaining relief following the Florida Supreme Court’s decision resolving the conflict between District Courts in Williams v. State, 123 So.3d 23 (Fla.2013). We agree with Petitioner that it would be manifestly unjust to deny him the same remedy that has been afforded to other similarly-situated defendants. See Walden v. State, 162 So.3d 84 (Fla. 4th DCA 2014) (granting habeas corpus where this court failed to certify the conflict or provide a citation as had been requested by appellate counsel).

We vacate the attempted second-degree murder convictions and remand for a new trial on those charges.

WARNER, FORST, and KLINGENSMITH, JJ., concur.