DAVIS v. STATE

No. 3D99-3031.

749 So.2d 1291 (2000)

John H. DAVIS, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

March 8, 2000.


Attorney(s) appearing for the Case

John H. Davis, in proper person.

Robert A. Butterworth, Attorney General, and Thomas C. Mielke, Assistant Attorney General, for respondent.

Before LEVY, GODERICH and GREEN, JJ.


CONFESSION OF ERROR

PER CURIAM.

Upon the State's proper confession of error, we grant John H. Davis's Petition for Writ of Habeas Corpus that alleged ineffective assistance of appellate counsel in connection with his direct appeal from his conviction for burglary of an unoccupied structure. As the State has conceded, Davis's appellate counsel should have argued that the erroneous jury instruction on burglary constituted fundamental error requiring...

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