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992 So. 2d 441

Docket No. 3D08-1804.

Hilbert v. State

Daniel HILBERT, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida

Decided October 22, 2008.

District Court of Appeal of Florida · decided 2008-10-22

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

Decided 2008-10-22

¶1Daniel Hilbert, in proper person.

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

¶3Before RAMIREZ, SUAREZ, and CORTIÑAS, JJ.

¶4Prior report: 981 So.2d 1274.

¶5PER CURIAM.

¶6We grant the defendant's petition and remand for a new trial on the conspiracy counts only because, as the State properly concedes, this relief is necessary to prevent a manifest injustice. Baker v. State,878 So.2d 1236 (Fla.2004); McKay v. State,988 So.2d 51 (Fla. 3d DCA 2008).

¶7This court has afforded relief 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 conviction for grand theft.

¶8Reversed and remanded.

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