Willis v. State

Full title: HENRY JEROME WILLIS, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Aug 6, 2003

851 So. 2d 838 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 4D03-2188.

Opinion filed August 6, 2003.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, James I. Cohn, Judge, L.T. Case No. 98-26073 CF10A.

Henry Jerome Willis, Bristol, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We accept the state's concession. We reverse and remand the case for further review of appellant's claim that counsel's failure to request a jury instruction on the necessarily included offense of attempted second degree murder constituted ineffective assistance of counsel. Willis v. State, 840 So.2d 1135 (Fla. 4th DCA 2003); Ahmadi v. State, 740 So.2d 67 (Fla. 4th DCA 1999).

STEVENSON, HAZOURI and MAY, JJ., concur.

NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.