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.