Glen W. Davis v. State

District Court of Appeal of Florida

Glen W. Davis v. State

158 So. 3d 742, 2015 Fla. App. LEXIS 2154, 2015 WL 674783

CourtDistrict Court of Appeal of Florida

DecidedFebruary 18, 2015

Docket4D14-3721

StatusPublished

This text of 158 So. 3d 742 (Glen W. Davis v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Glen W. Davis v. State, 158 So. 3d 742, 2015 Fla. App. LEXIS 2154, 2015 WL 674783 (Fla. Ct. App. 2015).

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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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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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Bluebook (online)

158 So. 3d 742, 2015 Fla. App. LEXIS 2154, 2015 WL 674783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glen-w-davis-v-state-fladistctapp-2015.