WALLACE JOHNSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
WALLACE JOHNSON, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
990 So. 2d 1245
Florida District Court of Appeal, Third District (2008)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We grant the defendant’s petition for belated appeal because, as the State properly concedes, this relief is necessary to prevent a manifest injustice. McKay v. State, 988 So. 2d 51 (Fla. 3d DCA 2008); Baker v. State, 878 So. 2d 1236 (Fla.2004).
This court has afforded relief to both of Johnson’s co-defendants finding that the court should not have given a principal instruction in connection with the conspiracy counts brought against the men. McKay; Evans v. State, 985 So. 2d 1105 (Fla. 3d DCA 2007). Johnson was convicted solely on two counts of conspiracy; justice requires that he be afforded the same relief. We therefore reverse Johnson’s convictions and remand for a new trial on those counts.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hilbert v. State, 992 So. 2d 441 (Fla. 3d DCA 2008)…elief to two of Hilbert’s co-defendants finding that the court should not have given a principal instruction in connection with the conspiracy counts brought against the men. Id.; Evans v. State, 985 So. 2d 1105 (Fla. 3d DCA 2007); Johnson v. State, 990 So. 2d 1245 (Fla. 3d DCA 2008). Hilbert was convicted on two counts of conspiracy; justice requires that he be afforded the same relief. We therefore reverse Hilbert’s convictions and remand for a new trial on those counts. We do not disturb the defendant’s con…
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Tavarence Ramone Wiggins v. State, 141 So. 3d 621 (Fla. 3d DCA 2014)…ls of this Court which considered the petitions filed by the three remaining co-conspirators cited and relied upon Evans, remanding the respective conspiracy counts for a new trial. McKay v. State, 988 So. 2d 51 (Fla. 3d DCA 2008); Johnson v. State, 990 So. 2d 1245 (Fla. 3d DCA 2008); and Hilbert v. State, 992 So. 2d 441 (Fla. 3d DCA 2008). On remand, the four successful petitioners entered into plea negotiations with the state, obtained substantial reductions in their respective sentences (originally ranging…
Authorities Cited
- Baker v. State, 878 So. 2d 1236 (Fla. 2004)
- Kanisky Evans v. State, 985 So. 2d 1105 (Fla. 3d DCA 2008)
- McKAY v. State, 988 So. 2d 51 (Fla. 3d DCA 2008)