Wilson v. State

PER CURIAM. Derek Wilson petitions for a new trial1 alleging ineffective assistance by appellate counsel for failing to raise the same issue on appeal that resulted in the reversal of the conviction of Wilson’s co-defendant, Ernest Wilson. Appellate counsel concedes the omission. We grant the petition, vacate the judgment of conviction and sentence, and remand for a new trial for the same reason set forth in Wilson v. State, 746 So.2d 1209 (Fla. 5th DCA 1999). PETITION GRANTED. HARRIS, PETERSON, and ORFINGER, R.B., JJ., concur. Footnotes [1] See Fla. R.App. P. 9.141(c).