District Court of Appeal of Florida

Grant of defendant's post-conviction motion, pursuant to a conclusion that defendant's trial counsel provided ineffective assistance by failing to object to a jury instruction and an argument by the prosecutor involving the statutory definition of burglary, is affirmed where the legislature did not have the constitutional authority to nullify the holding of Delgado v. State, 776 So. 2d 233 (Fla. 2000), by its enactment of particular legislation.

Appellate Information

• Decided 08/31/2006
• Published 08/31/2006

Judges

• PER CURIAM.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Charlie Crist, Attorney General, and Charlie McCoy, Senior Assistant Attorney General, Tallahassee, for Appellant.


• For Appellees:
  
• Robert A. Morris of Banks & Morris, P.A., Tallahassee, for Appellee.