Davis v. State

Full title: Glen W. DAVIS, Petitioner, v. STATE of Florida, Respondent.

Court: District Court of Appeal of Florida, Fourth District.

Date published: Feb 18, 2015

158 So. 3d 742 (Fla. Dist. Ct. App. 2015)

Opinion

No. 4D14–3721.

2015-02-18

Glen W. DAVIS, Petitioner, v. STATE of Florida, Respondent.

Petition alleging ineffective assistance of counsel to the Circuit Court for the Nineteenth Judicial Circuit, Okeechobee County; Robert E. Belanger, Judge; L.T. Case No. 472011CF000654A. Glen W. Davis, Jasper, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Laura Fisher, Assistant Attorney General, West Palm Beach, for respondent.

PER CURIAM.

Petition alleging ineffective assistance of counsel to the Circuit Court for the Nineteenth Judicial Circuit, Okeechobee County; Robert E. Belanger, Judge; L.T. Case No. 472011CF000654A.
Glen W. Davis, Jasper, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Laura Fisher, Assistant Attorney General, West Palm Beach, for respondent.
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.