SANTIAGO v. STATE

No. 2D07-651.

962 So.2d 416 (2007)

Jose C. SANTIAGO, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

August 17, 2007.


Attorney(s) appearing for the Case

Wade M. Whidden of Whidden Brown, P.L., Tampa, for Petitioner.

Bill McCollum, Attorney General, Tallahassee, and John M. Klawikofsky, Assistant Attorney General, Tampa, for Respondent.


CASANUEVA, Judge.

Jose Santiago, in his petition filed pursuant to Florida Rule of Appellate Procedure 9.141(c), contends that appellate counsel was ineffective in failing to argue that the trial court fundamentally erred when it inserted the conjunction "or" between his name and those of his codefendants when instructing the jury on essential elements of the crimes of which he was convicted. The State concedes that Santiago is entitled to relief.

Santiago...

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