Cunningham v. State

Uton W. CUNNINGHAM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 12, 2008.

District Court of Appeal of Florida · decided 2008-11-12

Relies on Schriber v. State · 983 So. 2d 49 - Luger v. State

Decided 2008-11-12

¶1Carey Haughwout, Public Defender, and Alan T. Lipson, Assistant Public Defender, West Palm Beach, for appellant.

¶2Bill McCollum, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

¶3PER CURIAM.

¶4The state has conceded error in this case based on Luger v. State,983 So.2d 49, 51 (Fla. 4th DCA 2008), and Schriber v.*640State,959 So.2d 1254 (Fla. 4th DCA 2007). Therefore, this case is reversed and remanded to the trial court for appointment of conflict-free counsel.

¶5SHAHOOD, C.J., WARNER and GROSS, JJ., concur.