PERRY v. SINGLETARY (1997)

District Court of Appeal of Florida,Third District.

Curtis Leon PERRY, Appellant, v. Harry SINGLETARY, Sec. of Fl. Dept. of Corr., etc., Appellee.

No. 97-1670.

Decided: September 03, 1997

Before GREEN, FLETCHER and SORONDO, JJ.

Curtis Leon Perry, in proper person. Robert A. Butterworth, Attorney General and Linda S. Katz, Assistant Attorney General, for appellee.

CONFESSION OF ERROR

Upon the state's proper confession of error we grant Curtis Leon Perry's Petition for Writ of Habeas Corpus.

The sole issue raised by the Petitioner is that he received ineffective assistance of appellate counsel due to counsel's failure to raise a double jeopardy claim on direct appeal. The petitioner was convicted and sentenced to 20 years in prison for the crime of attempted second degree murder with a firearm in count 1 of the information. In count 3 he was convicted and sentenced to 15 years in prison for the unlawful possession of a firearm while engaged in a criminal offense. The separate convictions were, as petitioner suggests, based on the same act. The petition is therefore meritorious. Cleveland v. State, 587 So.2d 1145 (Fla.1991); Sales v. State, 653 So.2d 456 (Fla. 3d DCA 1995).

We reverse the petitioner's conviction and sentence in count 3 of the information. We remand to the trial court with directions to vacate the judgment of conviction and sentence.

Reversed and remanded with instructions.

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network