District Court of Appeal of Florida

A petition alleging ineffective assistance of appellate counsel is granted due to counsel's failure to raise an issue of fundamental error in the jury instructions, petitioner's armed kidnapping conviction is vacated and remanded for a new trial, and the trial court is directed to consider on remand whether the outcome of the kidnapping charge necessitates resentencing on the other offense for which petitioner was convicted.

Appellate Information

• Decided 08/15/2006
• Published 08/17/2006

Judges

• PER CURIAM.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Isaac Rogers, pro se, Petitioner.


• For Appellees:
  
• Charlie Crist, Attorney General, and Elizabeth Duffy, Assistant Attorney General, Tallahassee, for Respondent.