DANIEL HILBERT, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
We 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).
This 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.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Tavarence Ramone Wiggins v. State, 141 So. 3d 621 (Fla. 3d DCA 2014)…he three remaining co-conspirators cited and relied upon Evans, remanding the respective conspiracy counts for a new trial. McKay v. State, 988 So. 2d 51 (Fla. 3d DCA 2008); Johnson v. State, 990 So. 2d 1245 (Fla. 3d DCA 2008); and Hilbert v. State, 992 So. 2d 441 (Fla. 3d DCA 2008). On remand, the four successful petitioners entered into plea negotiations with the state, obtained substantial reductions in their respective sentences (originally ranging from life imprisonment to 65 years, adjusted to sentence…
Authorities Cited
- Baker v. State, 878 So. 2d 1236 (Fla. 2004)
- Kanisky Evans v. State, 985 So. 2d 1105 (Fla. 3d DCA 2008)
- McKAY v. State, 988 So. 2d 51 (Fla. 3d DCA 2008)
- Hernandez v. State, 990 So. 2d 1245 (Fla. 3d DCA 2008)
- Johnson v. State, 990 So. 2d 1245 (Fla. 3d DCA 2008)