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WILSON v. STATE

No. 5D01-991.

789 So.2d 536 (2001)

Derek WILSON, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

July 20, 2001.

Attorney(s) appearing for the Case

Lawrence J. Nixon of Lawrence J. Nixon, P.A., Daytona Beach, for Petitioner.

Robert A. Butterworth, Attorney General, Tallahassee, and Lamya A. Henry, Assistant Attorney General, Daytona Beach, for Respondent.

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...

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