Willis v. State

PER CURIAM. We accept the state’s concession. We reverse and remand the case for further review of appellant’s claim that counsel’s failure to request a jury instruction on the necessarily included offense of attempted second degree murder constituted ineffective assistance of counsel. Willis v. State, 840 So.2d 1135 (Fla. 4th DCA 2003); Akmadi v. State, 740 So.2d 67 (Fla. 4th DCA 1999). STEVENSON, HAZOURI and MAY, JJ., concur.