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990 So. 2d 1245

Docket No. 3D07-3157.

Johnson v. State

Wallace JOHNSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided September 24, 2008.

District Court of Appeal of Florida · decided 2008-09-24

Cited by 2 later decisions — most recently June 2014

2 state decisions

Relies on 878 So. 2d 1236 - Baker v. State · 985 So. 2d 1105 - Evans v. State · 988 So. 2d 51 - McKay v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2008-09-24

View the full empirical analysis of this case →

¶1Samuel J. Rabin, Jr., Miami, for appellant.

¶2Bill McCollum, Attorney General, and Rolando A. Soler, Assistant Attorney General, for appellee.

¶3Before GREEN, SHEPHERD, and CORTIÑAS, JJ.

¶4PER CURIAM.

¶5We 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).

¶6This 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.

¶7Reversed and remanded.

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